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.