THIRD DIVISION

DOYLE, P. J.,

HODGES and WATKINS, JJ.

NOTICE: Motions for reconsideration must be

physically received in our clerk’s office within ten

days of the date of decision to be deemed timely filed.

https://www.gaappeals.us/rules

June 27, 2024

In the Court of Appeals of Georgia

A24A0343. SNEED v. PLACE AT MIDWAY, LLC et al.

DOYLE, Presiding Judge.

Meloda Sneed filed a personal injury suit against Place at Midway, LLC

(“Midway”), and Pinnacle Property Management Services, LLC (“Pinnacle”), and

others.1 The trial court dismissed Sneed’s claims against the Defendants based on a

time-limitation provision in the lease agreement between Midway and Sneed,

2

and

Sneed appeals, arguing that the trial court’s order should be reversed under the

1

Sneed alleged claims against other entities that she claimed were the

predecessors in interest to Midway and to the property manager for that preceding

owner. Those claims, however, are not at issue in this appeal. In this opinion,

“Defendants” refers collectively to Midway and Pinnacle.

2 There are multiple leases at issue, but there is no contention that the leases are

substantively different in regard to the applicable lease provision, so for purposes of

clarity, we have streamlined the discussion to a single lease between the parties.
Georgia Supreme Court’s holding in Langley v. MP Spring Lake.

3 For the reasons that

follow, we affirm in part and reverse in part.

A complaint fails to state a claim upon which relief can be granted

and warrants dismissal or judgment on the pleadings only if its

allegations disclose with certainty that no set of facts consistent with the

allegations could be proved that would entitle the plaintiff to the relief he

seeks. Put another way, if, within the framework of the complaint,

evidence may be introduced which will sustain a grant of relief to the

plaintiff, the complaint is sufficient. Like the court below, when we

assess the sufficiency of the complaint on appeal, we must accept the

allegations offact that appear in the complaint and viewthose allegations

in the light most favorable to the plaintiff.4

On September 12, 2022, Sneed sued the Defendants. In her complaint, Sneed

alleged that she was a tenant at a property owned by Midway and managed by

Pinnacle. Sneed contended that on October 1, 2020, she sustained serious injuries on

an outdoor gravel walkway leading to her unit, which walkway was maintained

improperly by the Defendants. There is no allegation in the complaint that the

walkway was limited only to Sneed’s use. After the incident, the Defendants moved

3

 307 Ga. 321 (834 SE2d 800) (2019).

4

(Citations and punctuation omitted.) Bush v.Bank of New York Mellon, 313 Ga.

App. 84, 89 (720 SE2d 370) (2011).

2
Sneed to a new apartment. This apartment contained a ceiling fan, and Sneed

contended that she was injured on January 29, 2021, when the defectively installed

and repaired ceiling fan detached from the ceiling of her apartment and hit her in the

head, knocking her unconscious. Sneed alleged that she had made a repair request to

the Defendants prior to the incident, that a repair had been scheduled to occur prior

to her injury, and that it was repaired negligently or not at all prior to her injury.

Sneed’s September 12, 2022 complaint alleged variousinstances of negligence against

the Defendants related to these two incidents, including failure to exercise reasonable

care in maintaining the property, failure to keep the premises and approaches safe,

failure to warn, and other negligence that discovery may reveal. It is undisputed that

Sneed filed the complaint within two years of each incident under the statute of

limitation for tort claims.5

Midway and Pinnacle answered and moved to dismiss the complaint, arguing

that Sneed’s claims were time barred because the lease contained a one-year timelimitation provision for claims against the management company or owner. The

provision at issue stated:

5

See OCGA § 9-3-33 (providing that “actions for injuries to the person shall

be brought within two years after the right of action accrues”).

3
Limitations on Actions. To the extent allowed by law, Resident also

agrees and understands that any legal action against Management or

Owner must be instituted within one year of the date any claim or cause

of action arises and that any action filed after one year from such date

shall be time barred as a matter of law.

Sneed responded to the motion, arguing that the provision was identical to a

provision considered by the Georgia Supreme Court in Langley,

6

in which the Court

addressed whether the contract barred the plaintiff’s personal injury claims after she

fell on the property grounds.7 The Court explained that the language was ambiguous,

meaning either that it applied to any action the plaintiff conceivably could file against

the defendants or that it applied only to claims that arose from the contractual

relationship itself, and because of the ambiguity, it construed the language in favor of

the non-drafting plaintiff.

8 The Court concluded that the language was limited to

claims arising from the contract, and therefore, it did not apply to the plaintiff’s claims

6

 307 Ga. at 321-322.

7

 See id.

8

 See id. at 322.

4
arising from premises liability tort law.

9

In explaining its holding further, the Court

stated that

[t]he law establishes a contract claim arising from a breach of [the

defendant’s] duties under the lease and OCGA § 44-7-13, separate and

apart from a premises liability tort claim arising from [the defendant’s]

duties as a property owner to keep the premises safe under OCGA § 51-

3-1. Tort and contract simply provide alternate vehicles (and remedies)

through which [the defendant] could be liable to [the plaintiff] for failing

to keep the property in repair.10

Despite the holding in Langley, in the present case, the trial court granted the

motions to dismiss, finding that the time-limitation provision in Sneed’s lease

agreement barred her claims. Sneed appealed this decision, but this Court dismissed

the appeal, explaining that the trial court’s order was not final. Back in the trial court,

9

See id. at 327 (holding that “the general language ‘any legal action,’ in the

absence of language specifically encompassing tort claims, is limited to claims arising

out of the lease agreement”).

10

Id. at 329. The Court also noted that the Georgia “General Assembly has

consistently expressed the public policy of this [S]tate as one in favor of imposing

upon the landlord liability for damages to others from defective construction and

failure to keep his premises in repair. The expressed public policy in favor of landlord

liability is matched by an equally strong and important public policy in favor of

preventing unsafe residential housing.” Id. at 329, n.4, quoting Thompson v.

Crownover, 259 Ga. 126, 128 (381 SE2d 283) (1989).

5
Sneed filed a motion to vacate the trial court’s order granting the motion to dismiss.

The trial court denied the motion, but it entered an order stating that its decision

dismissing the claims against the Defendants was final, and there is no just reason to

delay the appeal. Sneed now timely appeals from that order.

Based on the holding of Langley, Sneed argues that the trial court erred by

dismissing her claims against the Defendants based on the time-limitation provision

in the lease. In response, the Defendants contend that Sneed’s claims were properly

dismissed because they occurred not in the common areas of the property like the

injuries in Langley, but they occurred in her private residence or curtilage thereto;

therefore, her claims arose solely from the landlord-tenant contractual relationship

and not from statutory ortort law.

11 Thus, according to the Defendants, the trial court

correctly dismissed the claims by applying the contractual time-limitation provision

to Sneed’s claims.

11 The Defendants cite at length BGP Inspection, LLCv. Omstead, 367 Ga. App.

128, 134-135 (1) (883 SE2d 593) (2023), affirmed by Omstead v. BGP Inspection, LLC,

Case No. S23G0771 (decided Jun. 11, 2024), and its language distinguishing Langley.

In that case, however, the contract at issue explicitly included tort claims (as well as

others) in its time-limitation provision. See id. at 129-130.

6
1. As an initial matter, the Defendants do not argue, and upon review of the

lease we do not find, that there is additional language in this lease that would remove

it from the interpretation made by the LangleyCourt.12 The only issue here is whether

Sneed’s claims are tort claims independent from the contract claims like those

addressed in Langley, or whether they are different and createdwholly by the contract

because they occurred in the private inside living area or in the curtilage adjacent to

the exterior entry to her private living area.

2. OCGA § 51-1-1 defines “[a] tort [as] the unlawful violation of a private legal

right other than a mere breach of contract, express or implied. A tort may also be the

violation of a public duty if, as a result of the violation, some special damage accrues

to the individual.” In Langley, even though a rental contract existed between the

parties which governed some portions of their relationship, duties, and claims, there

simultaneously existed the relationship of an owner or occupier to an invitee, which

was the source of the tort liability identified in that opinion.13

In other words, because

12

See generally Outfront Media v. City of Sandy Springs, 356 Ga. App. 405, 418

(2) (847 SE2d 597) (2020), for a discussion of the appropriate rules for construction

of the language of a lease.

13

 See 307 Ga. at 321.

7
there was a duty that existed forthe defendants other than a duty created by contract,

the claims arising from the non-contractual duties were not precluded by that timelimitation provision in the contract.14

Here, we have two injuries. The first injury occurred while Sneed fell using a

walkway that led to her personal rental unit.15 The second injury occurred inside

Sneed’s second apartment when her ceiling fan fell on her head. Although they may

or may not have occurred in the common area, it does not follow that the landlord did

not owe a duty of care under OCGA § 51-3-1 to Sneed in those spaces. As the

Supreme Court observed in Langley, the tort claims alleged are “premises liability

claim[s] predicated on [the Defendants’] status as a property owner [or manager]16

14

 See id. at 329.

15 Although the Defendants contend that this walkway was not the common

area, there is nothing in the pleadings that indicate that it was an area demarcated only

for Sneed’s use or that the Defendants had ceded possession ofthe area only to Sneed.

Regardless, our analysis does not change based on whether the walkway was free to

be used by anyone.

16“In Georgia, an agent who undertakes complete control and responsibility for

management of a property owes the same duty as the owner would owe to third parties

for injuriesresulting from the agent’s negligence.”Total Equity Mgmt.Corp. v.Demps,

191 Ga. App. 21, 22 (1) (381 SE2d 51) (1989). See also Cham v. ECI Mgmt. Corp., 311

Ga. 170, 173 (2) (a) (856 SE2d 267) (2021) (discussing the categories in relation to a

visitor of the tenant to property).

8
and [Sneed]’s status as an invitee on that property.”

17 This Court previously

explained on rehearing in TotalEquity Management Corps v.Demps18that “[l]andlords

may be liable in tort [to tenants] for defective construction or failure to repair, which

includes failure to exercise reasonable care to correct a condition that exists in

violation ofthe duties created by the housing codes and other legislation.”

19 That case

involved claims by tenants against their landlord for personal injuries arising when

they entered an apartment other than their own.20 This Court explained that the

appellees, who were living in one apartment and entered an unoccupied apartment

without authorization from the owner “were invitees in their own apartment and in

the building’s common areas, [but] once they crossed the threshold of [the

17 Langley, 307 Ga. at 326, citing Demps, 191 Ga.App. at 22 (1). See also OCGA

§ 51-3-1 (“[If] the an owner or occupier of land, by express or implied invitation,

induces or leads others to come upon his premises for any lawful purpose, he is liable

in damages to such persons for injuries caused by his failure to exercise ordinary care

in keeping the premises and approaches safe.”).

18

 191 Ga. App. at 21.

19

(Citation, emphasis, and punctuation omitted.) Id. at 25.See alsoLangley, 307

Ga. at 326.

20

 See Demps, 191 Ga. App. at 22-23.

9
unoccupied apartment,] they became licensees.”

21 Likewise, Sneed was an invitee in

her own apartment and the curtilage adjacent thereto. Therefore, the holding of

Langley applies, and the time-limitation provision in the contract did not prohibit all

of Sneed’s claims.22

Based on the foregoing, the trial court erred by granting the motion to dismiss

to the extent that Sneed’s complaint can be read to have stated any alleged premises

liability tort claims for her injuries that occurred as a result of the incident on the

walkway and the incident with her apartment ceiling fan. To the extent that any of

Sneed’s claims allege simultaneous violations of the Defendants’ duties under the

contract, those claims were properly dismissed as time barred. Accordingly, the trial

court’s order is affirmed in part and reversed in part.

Judgment affirmed in part and reversed in part. Hodges and Watkins, JJ., concur.

21

 Id. at 22 (1).

22

 See Langley, 307 Ga. at 329.

10