Negligence, Personal Injury - Joseph Kerwin Herrin was hired by Peeches restaurant as an independent contractor to repair a walk-in freezer which require getting on the roof of the building to repair. To reach the roof, Herrin climed a ladder affixed to the exterior of the building. When coming down from the roof, Herrin fell and sustained injuries for which he seeks compensation. Herrin claimed that his fall occurred because he was unable to maintain a firm grasp and stance on the rungs because the ladder was too close to the building and did not have enough clearance for his feet. Peeches claimed that the clearance was reasonable and acceptable under various municiple, state, federal, and industry standards; and that Peeches had no notice of prior problems with the ladder; and that Herrin himself had used the ladder in the same condition on several prior occassions without incident.
Outcome:
Defendant's Verdict - Trial court granted summary judgment in favor of Defendants.
Affirmed by the Court of Appeals of Georgia. See: 509 S.E.2d 103 (Ga.App. 1998). Note: The date cited above is the date of appellate decision and not the trial date. Reported by C.H.
Related Cases from Superior Court, Hall County, Georgia
What was the outcome of Herrin v. Peeches Neighborhood Grill & Bar, Inc., et al.?
The outcome was: Defendant's Verdict - Trial court granted summary judgment in favor of Defendants.
Which court heard Herrin v. Peeches Neighborhood Grill & Bar, Inc., et al.?
This case was heard in Superior Court, Hall County, Georgia, GA. The presiding judge was Story.
Who were the attorneys in Herrin v. Peeches Neighborhood Grill & Bar, Inc., et al.?
Plaintiff's attorney: James E. Staples, Jr., and James R. Acrey of Cathey & Strain, Cornelia, Georgia. Defendant's attorney: Leigh M. Wilco and Vicki V. Mott of Weissman, Nowack, Curry & Wilco, Atlanta, Georgia.
When was Herrin v. Peeches Neighborhood Grill & Bar, Inc., et al. decided?