Augusta GA Injury Attorney – LEO vs.WAFFLE HOUSE, INC.
Court of Appeals of Georgia.
July 9, 2009
DOYLE, Judge.
This appeal arises from a personal injury complaint filed by Rex Joseph Leo against Waffle House, Inc., in connection with injuries he sustained from drinking a concoction containing corrosive dishwasher detergent, which was prepared for Leo by a Waffle House employee, who dared Leo to drink the mixture. The Superior Court granted Waffle House’s motion for summary judgment and Leo appeals, arguing that the trial court erred by granting Waffle House’s motion for summary judgment because there were disputed issues of material fact as to whether (1) (a) the supervising employee’s failure to intervene in the incident constituted negligence, and (b) the warning she gave was sufficient under the circumstances; (2) Waffle House was negligent in failing to supervise the store; and (3) the employee was acting within the scope of employment when he prepared the mixture and dared Leo to drink it. Because we cannot say as a matter of law that the supervising employee sufficiently fulfilled her duty to keep Leo safe or that her warning to him was sufficient under the circumstances, we reverse the trial court’s grant of summary judgment and remand for further proceedings as to Leo’s claim that she failed to intervene. In all other respects, we affirm the trial court’s grant of summary judgment.
Burnside Wall Attorneys at Law are Augusta GA personal injury lawyers and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Augusta Personal Injury Lawyer
Comments on this entry are closed.