Perkins v. Kranz

MlKELL, Presiding Judge.

While walking in a Gwinnett County subdivision, Thomas Kranz’s eardrum was punctured by a branch from a tree overhanging the sidewalk. Kranz sued Jerry Perkins and Nyda Perkins, on whose property the tree was located, claiming negligence. The trial court denied the Perkinses’ motion for summary judgment without explanation. They sought and were granted interlocutory review, and on appeal, they assign error to the trial court’s denial of their motion for summary judgment. For the reasons that follow, we agree and reverse.

This court conducts a de novo review of the grant…