The Georgia Court of Appeals declared that a Valdosta State University student who suffered brain damage and other injuries when she fell from a loft bed in her dorm room cannot sue the school because of the "open and obvious" condition of the bed.

The ruling came despite evidence that freshman Elizabeth Davis had asked that the bed be lowered because there was no ladder, and she had to stand on a desk to get into it. The opinion, written by Presiding Judge Stephen Dillard with the concurrence of Vice Chief Judge Brian Rickman and Judge E. Trenton Brown III, noted that Davis went to a party the night before and had "a couple" of beers.