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Berni v. Cousins Properties Inc.

No genuine issue of fact remained as to whether the defendants had superior knowledge of an alleged hazard posed by a grassy median in the parking lot of a shopping center on which the plaintiff tripped and injured herself.

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In this premises-liability action, Barbara Berni sued Cousins Properties, Inc. and CP Venture Three, LLC collectively “defendants”, alleging that the defendants breached a duty they owed her as invitee when she tripped and was injured after stepping onto a small grassy median between the sidewalk and the parking lot of a shopping center owned and managed by defendants. Berni now appeals a grant of summary judgment in favor of defendants, arguing that the trial court erred in finding that there existed no genuine issue of material fact as to whether defendants had superior knowledge of the alleged hazard posed by the grassy median and as to whether she failed to exercise care for her own safety. For the reasons set forth infra, we affirm the grant of summary judgment in favor of defendants.

Viewed in the light most favorable to Berni i.e., the nonmoving party,1 the record shows that in December 2004, Berni was the manager of a home-furnishings store located in an open-air shopping center known as The Avenue at Peachtree City. At that time, The Avenue at Peachtree City—as well as several other similar shopping centers in the metro-Atlanta area—was owned by CP Venture Three and was managed by Cousins Properties. On December 17, 2004, a customer, who had recently purchased an armoire from Berni’s store, sought Berni’s assistance with loading her purchase into her vehicle. As was the common practice when a customer bought a large item, the customer parked her vehicle in a parking space located directly behind the store and rang the back door’s bell for assistance. Berni answered the door, examined the customer’s receipt, and determined that the armoire was in a storage room immediately next door, which the store used for overstock.

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