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On July 14, 2022, the oak tree fell onto the rented house, crashing through the roof and trapping Jennings beneath the trunk and debris. Emergency responders arrived, but rescuers needed nearly two hours to free him from the destroyed building. The incident caused a severe spinal cord injury that left him permanently paralysed from the chest down. Jennings subsequently sued Romulus Investments and its two owners, Alvey and Wendell Rhodes, in the Superior Court of Floyd County. His claims included breach of the lease agreement, premises liability, failure to maintain the property in good repair and fit for habitation, and negligence under common law.
In spring 2022, lightning struck the tree, sending another large limb onto his truck and damaging it. 2026, the trial court was wrong to dismiss his claims through summary judgment because factual questions remained about the landlord’s obligations and response to the reported danger, according to the Georgia Court of Appeals ruling published on Justia on October 14. Because its express statutory codification took effect after the lease was signed, they also rejected the lower court’s conclusion that an implied warranty of habitability could not apply.
A Georgia renter who suffered permanent paralysis when an ageing oak tree fell on his home has won a significant legal reprieve after an appeals court revived his claims against his landlord.
William Frank Jennings said he had repeatedly raised concerns about the tree, which stood on a neighbouring property but extended over the house he rented in Lindale, Georgia. Branches fell on the house at least twice after Jennings moved in, according to the court record. Jennings said he had told Christopher Alvey, one of Romulus Investments’ owners, that he believed the tree was decaying, dangerous, and needed inspection. He also said he had raised his concerns with other people at the landlord’s office when he visited to pay rent. Neither Romulus nor Carroll inspected the tree or took steps to address its overhanging branches, according to the court’s account of the evidence. The appeals court said this conflict in the evidence raised a credibility issue that could not be resolved at the summary judgment stage. The appellate judges said there was a genuine factual question about whether those obligations covered the danger posed by large branches repeatedly falling onto the rented property.
The decision allows the lawsuit to proceed, but does not establish liability. However, Alvey testified that Jennings had never notified him or Romulus about the danger. The court noted that Georgia law had recognised such a warranty before that codification.
The Georgia Court of Appeals considered Sections 44-7-13 and 44-7-14 of the state code in assessing whether Jennings’s claims could proceed. The lease required Romulus Investments to maintain the property and repair reported problems as soon as possible. He also sought compensatory damages, attorney fees and punitive damages. The landlord disputed the claims and sought summary judgment, arguing that the case could be resolved without a trial. The trial court granted that request. The Georgia Court of Appeals examined whether the landlord could have had a legal duty to respond to a hazard originating on neighbouring land. It also instructed tenants to notify the landlord immediately about problems and to report known safety hazards. Georgia law also sets out landlords’ repair obligations and certain circumstances in which they may be liable for failing to repair leased premises.
After an earlier appeal led to a remand for clarification of the ruling, the lower court again granted summary judgment, prompting Jennings to appeal once more.