Georgia Court of Appeals Reinstates Trip-and-Fall Case Against Shopping Center
The Georgia Court of Appeals has reversed a grant of summary judgment to a shopping center in a personal injury case after finding "no record evidence" that the plaintiff voluntarily assumed risk.
August 26, 2022 at 02:38 PM
3 minute read
Personal InjuryThe Georgia Court of Appeals has reversed a grant of summary judgment to a shopping center in a personal injury case after finding "no record evidence" that the plaintiff voluntarily assumed risk.
Plaintiff Monica John sued Battle Station for negligence after she tripped and fell in a parking lot owned by the company in December 2017, according to the appeals court opinion, released Aug. 23. John injured her head, nose, face, neck, jaw, knee and shoulder.
Her appeal follows a trial court decision to grant summary judgment to Battle Station, after determining that the hazard she tripped over "was an open and obvious static condition," that she had "equal or superior knowledge" of it and that she took a different path into the store which "barred recovery," according to the opinion.
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