Naraine v. City of Atlanta

The city of Atlanta was entitled to sovereign immunity from the plaintiff's action alleging that the city negligently maintained a fountain and failed to remove ice from a city sidewalk, causing her to slip and fall and injure herself, while exiting a bus.

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Bhaugpattie Naraine slipped on an icy sidewalk and fell. She sued the City of Atlanta “City”, alleging that it was negligent in maintaining a fountain and failing to remove ice from the sidewalk. The City moved for summary judgment, which the trial court granted. Naraine appeals, arguing that the trial court erred in failing to find i that the City negligently performed its ministerial duties of maintaining its fountain and streets, and ii that material issues of fact exist as to whether the City had notice of the icy sidewalk. Discerning no error, we affirm. “A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Citation and punctuation omitted. Roquemore v. City of Forsyth , 274 Ga. App. 420 617 SE2d 644 2005. If no issue of material fact exists and the moving party is entitled to judgment as a matter of law, summary judgment is proper. OCGA § 9-11-56 c.

So viewed, the evidence shows that on the morning of December 6, 2006, Naraine was exiting a bus which had stopped at the intersection of Luckie and Peachtree Street, or Margaret Mitchell Square “Square”. As she stepped off the bus, she slipped on a patch of ice on the sidewalk and fell to the ground, sustaining injuries to her ankle. A witness observed water blowing from a nearby fountain onto the street. The fountain, which is owned and operated by the City, is located in the Square.

Naraine v. City of Atlanta

The city of Atlanta was entitled to sovereign immunity from the plaintiff's action alleging that the city negligently maintained a fountain and failed to remove ice from a city sidewalk, causing her to slip and fall and injure herself, while exiting a bus.

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