News Brief

Manfredi and Resnak Dismissal for Apartment Complex Owner-Operator Upheld on Appeal

February 27, 2023

Michael P. Manfredi (Partner-Atlanta) and Alex F. Resnak (Associate-Atlanta) had a January 2023 dismissal in the State Court of Gwinnett County, GA, upheld by the Georgia Court of Appeals in a premises liability case against Wilson Elser's client, an apartment complex owner-operator. The plaintiff has a long history of disputes with the property owner and the property manager concerning a myriad of alleged incidents occurring on the property. She claims she was injured when falling on an allegedly hazardous walkway and again when a ceiling fan allegedly fell and hit her head. The allegations were suspicious, and there was serious doubt about the plaintiff's truthfulness. She ultimately sought $175,000 in medical expenses and a total recovery of $375,000. Michael and Alex filed a Motion to Dismiss the complaint, and the motion was granted based on a shortened statute of limitations in the plaintiff's lease agreement with Wilson Elser's client. The plaintiff appealed the trial Court's decision, which the Court of Appeals upheld.

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