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Hill v. Cole CC Kennesaw GA LLC

There was evidence that an elevator maintenance company was negligent in failing to properly maintain an elevator that did not stop level with the floor, causing the plaintiff to trip and fall and suffer injury while entering the elevator, and the building owner and property manager were vicariously liable for that negligence.

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Shakira Hill filed a complaint against Cole CC Kennesaw GA, LLC Cole CC, Corporate Facilities Group, Inc. CFG, and Kone, Inc., to recover for injuries she allegedly sustained when she tripped and fell while entering an elevator that had not stopped level with the floor. Cole CC owned the building where the incident occurred, CFG managed the premises, and Kone serviced and maintained the elevators. Hill alleged that the defendants were negligent because they had failed to properly maintain the elevators. Cole CC, CFG, and Kone moved for summary judgment, which motions the trial court granted in two separate orders.

In a prior appeal, Hill v. Kone Hill I,1 Hill challenged the grant of summary judgment to Kone.2 This court reversed that judgment.3 Here, Hill appeals the grant of summary judgment to Cole CC and CFG. For the reasons that follow, we reverse that grant of summary judgment as well.

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