Jack Reale and Daniel Cheek obtained summary judgment from DeKalb State Court Judge Johnny Panos in a wrongful death case argued on October 5.
Plaintiffs’ decedent was an independent contractor hired to repair lights atop a 30 foot pole around a sports court. Decedent leaned his ladder against the pole, climbed it and lashed himself to it. A weld at the bottom of the pole broke and it collapsed with the decedent, killing him.
In summary, the Court held the independent contractor was expected to determine for himself whether his place of employment was safe, citing Hudson v Santangelo, 228 Ga.App. 768, 774 (1997), quoting Amear v Hall, 164 Ga.App. 166, 167 (1982). The Court also found no evidence that Defendants had either actual or superior knowledge of the dangerous condition.
The settlement demand was $6 million.