Fred Valz and Melissa Bailey Secure Reversal of Trial Court’s Denial of Summary Judgment
Fred Valz and Melissa Bailey recently prevailed in the Georgia Court of Appeals on an appeal from the denial of their client’s motion for summary judgment in a premises liability claim. The case involved a plaintiff who fell from a ladder while trimming a tree limb on private property. The plaintiff alleged that the resident defendants had tampered with his ladder, resulting in the safety mechanism becoming unlatched. On appeal, we argued that the denial of our client’s motion for summary judgment was improper because the plaintiff had provided no evidence beyond his own speculation that there was any foul play afoot. Reversing the trial court, the Court of Appeals agreed, stating that a conclusion that the defendants tampered with the ladder, causing it to fall, “would be mere conjecture.” Barclay v. Stephenson, 337 Ga. App. 365 (2016).