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Strauss v. City of Lilburn

Genuine issues of material fact remained as to whether the defendant city had superior knowledge of the hazard that caused the plaintiff's fall on a sidewalk.

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Carole M. Strauss appeals the summary judgment granted to the City of Lilburn in this “trip and fall” action, asserting that genuine issues of material fact exist with respect to her knowledge of the specific hazard causing her fall. For the reasons set forth below, we agree and reverse the trial court’s grant of summary judgment.

Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law. We review the grant of summary judgment de novo, construing the evidence and all reasonable inferences in favor of the nonmoving party. E.g., McLemore v. Genuine Parts Co., 313 Ga. App. 641 722 SE2d 366 2012. So viewed, the record shows that on June 1, 2010, Strauss drove to downtown Lilburn the “City” with two visiting relatives to eat lunch at the Blue Rooster Caf the “Caf”. At the time, the Caf was located along a sidewalk owned by the City at 107 Main Street. In 2007, the City contracted with a third party to renovate the sidewalk area on Main Street.1 Following the renovation, the upper area of the sidewalk, closest to the Caf, was separated from the lower area towards the street, but was connected by a single-step riser; brick columns flanked the riser. Both the upper and lower areas of the sidewalk are constructed of the same, light-colored concrete.

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