Country Club Apartments, Inc. v. Scott

Quillian, Presiding Judge,

dissenting.

I respectfully dissent from the opinion. This court, in a case written by Judge Pannell, under an almost identical situation, held: "This case is in this court on a joint appeal in six cases involving actions brought against a landlord owner of an apartment complex and the landlord’s agent seeking recovery of damages to persons and property resulting from a fire allegedly caused by a defective heater in one of the apartments, based upon the negligent failure to repair this heater and upon negligent construction of buildings permitting the fire to spread, one of the cases being an action by a husband and wife. A motion for summary judgment by the defendants in each case was sustained by the trial judge in a single order and plaintiffs filed a joint appeal to this court. Held:

"l.(a) In view of the provisions in each of the leases that 'It is expressly agreed and understood that Lessee releases Lessor and/or Agent from any and all damage or injury to person or property of Lessee suffered upon the premises herein leased, and will hold the Lessor and/or Agent harmless from all damages sustained during the term of this lease,’ there was no error in sustaining the motion for summary judgment in those cases brought by all appellees who were signatories to the leases . .. Ragland v. Rooker, 124 Ga. App. 361, 366 (183 SE2d 579); Capital Wall Paper Co. v. Callan Court Co., 38 Ga. App. 428 (144 SE 135); Plaza Hotel Co. v. Fine Products Corp., 87 Ga. App. 460 (74 SE2d 372); Carter v. Noe, 118 Ga. App. *223298 (163 SE2d 348).” Camp v. Roswell Wieuca Court Apts., 127 Ga. App. 67 (192 SE2d 499).
The quoted opinion has been subsequently approved and followed in Akin v. Hardeman-Long Corp., 129 Ga. App. 303 (199 SE2d 621), Sport Shop v. Churchwell, 131 Ga. App. 718 (206 SE2d 715), Smith v. General Apt. Co., 133 Ga. App. 927 (213 SE2d 74), and Tek-Aid, Inc. v. Eisenberg, 137 Ga. App. 99 (223 SE2d 29). These decisions are controlling in the case sub judice and there is no sound basis for overruling them.

For the foregoing reasons I respectfully dissent.

I am authorized to state that Chief Judge Deen, Judge Birdsong and Judge Sognier join in this dissent.