NEW MADISON SOUTH LTD. PARTNERSHIP v. GARDNER

No. A97A2419.

499 S.E.2d 133 (1998)

231 Ga. App. 730

NEW MADISON SOUTH LIMITED PARTNERSHIP et al. v. GARDNER.

Court of Appeals of Georgia.

Reconsideration Denied March 31, 1998.


Attorney(s) appearing for the Case

Forbes & Bowman, Morton G. Forbes, Johnny A. Foster, Scot V. Pool, Savannah, for appellants.

Savage, Herndon & Turner, Robert B. Turner, Robert S. Kraeuter, Savannah, Shivers & Associates, Wayne C. Wilson, Atlanta, Howard E. Alls, Savannah, for appellee.


BEASLEY, Judge.

Frederick Gardner sued appellant apartment owners and managers seeking damages he sustained allegedly as a result of conduct by John Hales, an employee of appellants. Gardner did not sue Hales. Appellants enumerate as error the denial of their motion for summary judgment in which they claim they are not liable for Hales' actions when he shot and paralyzed Gardner. They rely on three grounds: (1) Hales' actions were outside the scope of his employment...

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