Tracey Smith v. Oakwood Subdivision Homeowners Association, Inc.

Syllabus

This appeal involves premises liability and negligence claims asserted against a homeowner's association after a shooting outside its community clubhouse while it was rented for a birthday party. The trial court granted summary judgment to the homeowner's association, dismissing all claims, on two grounds. First, the trial court found that there was no foreseeability, and therefore, there was no duty. Second, the trial court concluded that there was no nexus, or proximate cause, between the allegedly negligent acts or omissions of the homeowner's association and the harm that occurred. The plaintiffs filed a motion to reconsider or clarify the ruling, which the trial court denied. For the following reasons, we affirm the decision of the circuit court and remand for further proceedings.