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Georgia Dep't of Corrections v. Couch

The trial court did not err in denying the defendant's motion for a directed verdict on the plaintiff's premises liability claim, as conflicting evidence existed regarding the plaintiff's status as either an invitee or licensee.

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David Lee Couch filed this premises liability action against the Georgia Department of Corrections “the Department” seeking damages for physical injuries he sustained while working in a prison detail at Walker State Prison. The Department appeals the judgment entered on the jury’s verdict in favor of Couch. For the reasons that follow, we affirm. In an appeal from a jury verdict, this Court must affirm the judgment “if there is any evidence to support it, and the evidence is to be construed in a light most favorable to the prevailing party with every presumption and inference in favor of sustaining the verdict.”1

So viewed, the record shows that on July 9, 2004, while housed as an inmate at Walker State Prison, Couch volunteered to paint the warden’s house, which was located across from the prison. The house was under renovation, and another crew had removed the flooring in the kitchen and dining area of the home, leaving the floor joists exposed, because the floor and some of the joists were water-damaged and rotted. By the time of the incident, the Department was in the process of replacing the floor joists, but although some of the floor joists in the dining area had been replaced, the crew had left some of the joists that were dry-rotted.

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