Brookview Holdings, LLC v. Suarez

The majority holds that Brookview’s abandonment of the security measures undertaken by its predecessor amounts to a breach of a “contractual duty” sufficient, without any showing of actual negligence, to defeat Brookview’s motion for summary judgment (p. 94). This flouts longstanding precedent, quoted by the majority, that the breach of an assumed duty is actionable only “ ‘if.. . it also violates a duty owed to [a] plaintiff independent of contract to avoid harming him’ ” (p. 94, emphasis supplied, quoting Orkin Exterminating Co. v. Stevens, 130 Ga. App. 363, 365 (203 SE2d 587) (1973)).…