264 Ga. App. 252 - Johnston v. Ross’s Empirical Analysis
2003
Citation profile
4 state decisions
Relationships
Relies on Thompson v. Crownover · 199 Ga. App. 665 - Roth v. Wu · 207 Ga. App. 114 - Sullivan v. Quisc, Inc. · 209 Ga. App. 881 - Bastien v. Metropolitan Park Lake Associates, L.P. · 195 Ga. App. 294 - Spence v. Citizens & Southern National Bank
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Undoubtedly, a landlord's liability is not absolute. Landlords enjoy the usual defenses available in a negligence action, including those based on contributory negligence and assumption of the risk. But such defenses present questions for a jury except in extraordinary cases, where the facts are plain and indisputable. And, in cases involving housing code violations, the facts supporting these defenses will not be plain or indisputable. For example, a tenant who is aware of a condition that violates a housing code does not necessarily appreciate the danger presented - a danger that has been studied and regulated by a governing body.... [G]iven the important public policy at issue, we find that a jury should assess the reasonableness of the tenant's conduct and the extent to which the tenant appreciates the risk of that conduct. Such result does not impose absolute liability on a landlord. It simply allows a jury to decide questions regarding ordinary care and the assumption of any risk.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.