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Clark v. City of Atlanta

The plaintiff presented sufficient evidence to satisfy her burden of production and show that a question of material fact existed as to whether the City of Atlanta had constructive notice of an alleged defect in a sidewalk, which caused the plaintiff to trip and fall.

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Susan Clark appeals from the trial court’s grant of summary judgment to the City of Atlanta on her claim of negligence related to injuries she sustained when she tripped and fell on uneven sidewalk pavers. Clark contends that the trial court improperly granted the city’s motion because questions of fact remain as to whether the city had constructive notice of the alleged defect. For the reasons that follow, we reverse.

When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably to the party opposing the motion. Further, any doubts on the existence of a genuine issue of material fact are resolved against the movant for summary judgment. When this Court reviews the grant or denial of a motion for summary judgment, it conducts a de novo review of the law and the evidence.

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