Smith v. Housing Authority of Athens

Smith, Judge.

On April 7, 1991, several concrete blocks fell from a privacy screen wall beside the porch of an apartment unit owned by the Athens Housing Authority. Smith, the sister and guest of the apartment’s tenant, brought this action as next friend of her six-year-old son, who was struck and injured by the blocks. The Authority’s motion for summary judgment was granted by the trial court, and Smith appeals.

Because Smith and her child were guests of a tenant, they occupied the status of invitees on the premises, and OCGA § 51-3-1 provides the applicable standard of care. Winchester v. Sun…