Date: 11-09-1998

Case Style: Herrin v. Peeches Neighborhood Grill & Bar, Inc., et al.

Case Number: A98A1236

Judge: Story

Court: Superior Court, Hall County, Georgia

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

Description: 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.

Plaintiff's Experts: Lewis Waldrop, P.E., professional engineer, and James Stephens, registered architect

Defendant's Experts: Unknown

Comments: 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.