Heller v. City of Atlanta

17 Citing cases

  1. City of Atlanta v. McCrary

    760 S.E.2d 696 (Ga. Ct. App. 2014)

    (Footnote omitted; emphasis in original.) Heller v. City of Atlanta, 290 Ga.App. 345, 350(2), 659 S.E.2d 617 (2008), aff'd Ga. Dept. of Transp. v. Heller, 285 Ga. 262, 268(3), 674 S.E.2d 914 (2009) (outlining three elements of nuisance cause of action: degree of misfeasance exceeds mere negligence; act is of some duration and is continuous or regularly repetitious; municipality fails to act within reasonable time after knowledge of dangerous condition). Whether a nuisance exists is generally a fact question, but “under some factual situations it can be held as a matter of law that no nuisance exists.”

  2. Atlanta v. Mccrary

    A14A0602 (Ga. Ct. App. Jul. 16, 2014)

    (Footnote omitted; emphasis in original.) Heller v. City of Atlanta, 290 Ga. App. 345, 350 (2) (659 SE2d 617) (2008), aff'd Ga. Dept. of Transp. v. Heller, 285 Ga. 262, 268 (3) (674 SE2d 914) (2009) (outlining three elements of nuisance cause of action: degree of misfeasance exceeds mere negligence; act is of some duration and is continuous or regularly repetitious; municipality fails to act within reasonable time after knowledge of dangerous condition). Whether a nuisance exists is generally a fact question, but "under some factual situations it can be held as a matter of law that no nuisance exists."

  3. Ga. Dept. of Transp. v. Heller

    285 Ga. 262 (Ga. 2009)   Cited 17 times
    Discussing required elements for showing nuisance in case in which plaintiffs alleged that city allowed inspector to perform inadequate inspections of taxicabs

    DECIDED MARCH 23, 2009. Certiorari to the Court of Appeals of Georgia — 290 Ga. App. 345. Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Senior Assistant Attorney General, Robert C. Edwards, Assistant Attorney General, for Department of Transportation.

  4. City of Milledgeville v. Primus

    325 Ga. App. 553 (Ga. Ct. App. 2014)   Cited 1 times

    Id. at 851, 470 S.E.2d 479. In Heller v. City of Atlanta, 290 Ga.App. 345, 659 S.E.2d 617 (2008), by contrast, we held that the city was not entitled to immunity for the negligent failure of its public taxicab inspector to ascertain that a taxicab had insufficient tire tread. The inspection was ministerial, rather than discretionary, because state law provided that the major grooves of a tire must have a tread depth of at least 2/32 inch.

  5. Howell v. Willis

    729 S.E.2d 643 (Ga. Ct. App. 2012)   Cited 16 times

    Happoldt v. Kutscher, 256 Ga.App. at 98(1), 567 S.E.2d 380. And even though Willis acknowledged in his deposition that certain minimum standards exist for construction sites, without admissible evidence of the applicable rules, we cannot determine whether the standards were so clear, definite and certain as to merely require the execution of a simple task. This case is distinguishable, therefore, from Heller v. City of Atlanta, 290 Ga.App. 345, 659 S.E.2d 617 (2008) upon which the Howells rely. In that case, the defendant, a city Vehicle for Hire Inspector, had purported to conduct an inspection on a taxi that subsequently spun out of control due to tires with little or no tread, resulting in the plaintiff's death.

  6. City of Milton v. Chang

    906 S.E.2d 784 (Ga. Ct. App. 2024)

    The municipality must either have knowledge or be chargeable with notice of the dangerous condition[.] (Citations, punctuation, and emphasis omitted.) Kicklighter, 167 Ga. App. at 531 (3), 307 S.E.2d 47; see also City of Alpharetta v. Vlass, 360 Ga. App. 432, 435-436 (1), 861 S.E.2d 249 (2021); Heller v. City of Atlanta, 290 Ga. App. 345, 350 (2), 659 S.E.2d 617 (2008); OCGA § 41-1-1 ("A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance.").The Changs contend that the City has waived any argument that the planter constituted a private nuisance (as opposed to a public one) because it did not raise the argument in its motion for directed verdict.

  7. City of Milledgeville v. Primus

    A13A1826 (Ga. Ct. App. Dec. 19, 2013)

    Id. at 851. In Heller v. City of Atlanta, 290 Ga. App. 345 (659 SE2d 617) (2008), by contrast, we held that the city was not entitled to immunity for the negligent failure of its public taxicab inspector to ascertain that a taxicab had insufficient tire tread. The inspection was ministerial, rather than discretionary, because state law provided that the major grooves of a tire must have a tread depth of at least 2/32 inch.

  8. Gish v. Thomas

    302 Ga. App. 854 (Ga. Ct. App. 2010)   Cited 39 times
    Holding that OCGA § 42–5–2 does not contain a waiver of sovereign immunity for claims brought pursuant to OCGA § 42–5–2; the court did not examine whether OCGA § 36–33–1 contains a waiver of sovereign immunity or whether a municipal corporation's duty to provide medical care to an inmate is a ministerial duty within the meaning of OCGA § 36–33–1

    This determination is made on a case-by-case basis. (Punctuation and footnotes omitted.) Heller v. City of Atlanta, 290 Ga. App. 345, 347-348 (1) ( 659 SE2d 617) (2008).

  9. Butler v. Carlisle

    299 Ga. App. 815 (Ga. Ct. App. 2009)   Cited 16 times
    Holding that an intergovernmental agreement, by itself, did not operate as a waiver of sovereign immunity

    (Footnote omitted.) Heller v. City of Atlanta, 290 Ga. App. 345, 346 ( 659 SE2d 617) (2008), aff'd, Ga. Dept. of Transp. v. Heller, 285 Ga. 262 ( 674 SE2d 914) (2009). "In other words, summary judgment is appropriate when the court, viewing all the facts and reasonable inferences from those facts in a light most favorable to the non-moving party, concludes that the evidence does not create a triable issue as to each essential element of the case."

  10. McKissick v. S. O. A.

    299 Ga. App. 772 (Ga. Ct. App. 2009)   Cited 21 times
    Listing the elements of malicious prosecution

    (Footnote omitted.) Heller v. City of Atlanta, 290 Ga. App. 345, 346 ( 659 SE2d 617) (2008). So viewed, the record shows that in the late summer of 2003, McKissick was employed as a project estimator with Allgood Electrical Company, Inc. ("Allgood"). Allgood was hired as an electrical subcontractor by SOA, which was the general contractor for the construction of the Perry High School Multi-Purpose Facility (the "Project"). During the fall of that year, Allgood left the Project due to a dispute over payment with SOA and Aydelott. McKissick averred that he worked out an agreement with Aydelott to complete the electrical work on the Project for which he would be paid $1,000 weekly plus the cost of materials.