# Holbrook v. Executive Conference Center, Inc.

> Court of Appeals of Georgia · November 17, 1995 · 219 Ga. App. 104

URL: https://www.frixlaw.com/law-library/cases/9851232

## Case

- **Full name:** HOLBROOK Et Al. v. EXECUTIVE CONFERENCE CENTER, INC. Et Al.; EXECUTIVE CONFERENCE CENTER, INC. v. HOLBROOK Et Al.
- **Court:** Court of Appeals of Georgia
- **Decided:** November 17, 1995
- **Citations:** 219 Ga. App. 104; 95 Fulton County D. Rep. 3622; 464 S.E.2d 398; 55 A.L.R. 5th 851; 1995 Ga. App. LEXIS 975
- **Precedential status:** Published
- **Opinion:** Dissent by Smith
- **Judges:** McMurray, Beasley, Pope, Johnson, Blackburn, Ruffin, Birdsong, Andrews, Smith
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9851232

## How later opinions describe it (automated extraction)

- holding that school districts are entitled to sovereign immunity for claims based on their supervision of students unless the school displayed "wilfulness, malice, or corruption"
- finding that a jury could determine that the absence of statutorily mandated safety equipment was the proximate cause of the decedent’s drowning in the defendant’s pool

## Opinion text

Smith, Judge,
dissenting.
I join Judge Andrews’ dissent, but I also believe there are other reasons to disagree with the majority.
There is no evidence that any act of negligence caused Alfred Holbrook’s near drowning. There has been no explanation regarding how or why he ended up at the bottom of the pool in the deep end. The majority focuses on the lack of a life line at the slope break. Even if the line was required by Fulton County, however, there is no evidence that the lack of one caused the near drowning. In fact, Holbrook admitted that even though the line was not inside the pool, he knew where the deep end was located. Moreover, when he entered the pool, he had no concern about avoiding the deep end. He “wasn’t even thinking about it.” Also, there is no evidence that Alfred Holbrook was unable to swim.
There is no evidence, in my opinion, creating a factual issue regarding causation. “An inference cannot be based upon evidence which is too uncertain or speculative or which raises merely a conjec *111 ture or possibility.” (Citations and punctuation omitted; emphasis supplied.) Moore v. Winn-Dixie Stores, 216 Ga. App. 72 ( 454 SE2d 532 ) (1995). The Holbrooks simply offered no explanation regarding causation in response to appellant’s motion for summary judgment. Because the Holbrooks have not pointed to evidence of causation beyond mere conjecture or possibility, I would reverse the trial court’s ruling.
Decided November 17, 1995
Appelbaum & LaRoss, Diane F. LaRoss, for appellants.
Powell, Goldstein, Frazer & Murphy, Joseph D. Wargo, Richard C. Mitchell, for appellees.
I am authorized to state that Presiding Judge Birdsong and Judge Andrews join in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9851232. Public record. Not legal advice.