Elsberry v. Ivey

Birdsong, Presiding Judge.

Mark Elsberry appeals the grant of summary judgment in favor of George Ivey. Appellant brought suit for personal injuries sustained from falling from a roof. Appellant (who has a ninth-grade education and considers himself a capable construction worker and carpenter) was a handyman who was directed by appellee (who has a two-year engineering certificate from Georgia Tech and spent 40 years in the construction business) to remove shingles from the roof of a tenant house over a century old. The house was built with logs, and secured with wooden pegs rather than nails.…