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Carey v. Bradford
Citations: 226 Ga. App. 360; 486 S.E.2d 623; 97 Fulton County D. Rep. 1854; 1997 Ga. App. LEXIS 574Docket: A97A1173
Court: Court of Appeals of Georgia; April 23, 1997; Georgia; State Appellate Court
A Clayton County jury ruled in favor of appellees H. M. Brad Bradford, Sonja Whitaker, Brad Bradford Realty, and Parkway Properties, Inc. in a lawsuit by appellant Ransom Carey, who alleged negligence after falling down unlit stairs leading to his second-floor apartment. Carey contended that the stairwell's lack of lighting, despite tenant requests for repairs, caused his fall around 10:00 p.m. He appealed the verdict, referencing a previous ruling in Carey v. Bradford, which stated that a tenant's knowledge of a dangerous condition does not exempt a landlord from liability if the area is the tenant's only access to their home. The landlord's defense argued that Carey assumed the risk by using the stairs without a flashlight, which the court found inadequate, as it would undermine the landlord's duty to maintain safe premises. Carey challenged a specific jury instruction that stated tenants must notify landlords about dangerous conditions and stop using unsafe areas, asserting this was reversible error because it did not apply to his situation, where he could not cease using the stairs. The court agreed that this instruction incorrectly portrayed Carey as a prisoner in his home, as he had no choice but to use the stairs. The court noted that while contributory negligence could be relevant, the instruction provided was not tailored to the evidence presented. Errors in jury instructions are grounds for a new trial unless proven harmless, and in this case, the erroneous instruction was deemed prejudicial. In Foskey v. Foskey, 257 Ga. 736 (2), 363 SE2d 547 (1988), the court ruled that it could not determine whether the jury's verdict was influenced by evidence suggesting the stairwell lights were repaired before the appellant's fall or by the court's instruction that the appellant had a legal duty to refrain from using the stairs at night. This uncertainty necessitated a reversal of the judgment. The court affirmed that the trial court properly instructed the jury on a landlord's tort liability under OCGA § 44-7-13 and noted that OCGA § 44-7-14 regarding liability to non-tenants did not apply in this case. As a result of the findings in Division 1, further examination of the evidence sufficiency was deemed unnecessary. The judgment was reversed, with concurrence from Ruffin, J., and Birdsong, R. J., who concurred in the judgment only. The court clarified that tort liability may arise from contractual obligations, allowing for tort actions when duties, whether statutory or contractual, are not fulfilled.