Oral arg. – COA – Dec. 10, 2015

At 10:00 the COA will hear the premises liability case of Brenda Franklin v. Cornelius Turner and Golden Age Apartments –  Franklin sued the Defendants claiming that on January 20, 2012, the caretaker of the apartments, Robert Swinney,  came to her apartment claiming her dog had bitten another resident and then raped her.  Swinney was arrested for rape and  pleaded guilty to attempted aggravated assault on April 24, 2012 for which he served approximately three months.

The Defendants moved for summary judgment on the grounds that the apartment complex did not employ Swinney as the caretaker when Ms. Franklin alleges she was raped. Mr. Swinney did not receive his first paycheck from Golden Age in his role as caretaker until June 1, 2012.  The trial court granted summary judgment for the defendants and Ms. Franklin appealed.   She argues that the court used the incorrect test for determining whether Swinney was an an mployee and, furthermore, that the Defendants ratified Swinney’s actions by having him work at the complex when he got out of jail.

Brenda Franklin’s brief

Golden Age Apartments’ brief

Ms. Franklin’s reply brief

Watch the argument here.

3 thoughts on “Oral arg. – COA – Dec. 10, 2015

  1. The defense brief isn’t much better. I swear, it’s like some lawyers have never looked at the MRAP – they just copy some lame form.

    • Ditto on both observations. I was thinking as for the Appellees’ brief, it’s sans serif, does that mean you don’t want anyone to read it? Same for lawyers using courier or allcaps for anything but the briefest of headings. You don’t have to read books on typography to know that this is WRONG.

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