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Brad Bradford Inc. v. Callaway

Some evidence authorized the trial court to find that the defendant was aware that the place in which plaintiff fell into a hole covered by pine straw was in the part of an area of its apartment complex which people improperly used on a regular basis.

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After falling outside her son’s apartment, Marilyn Virginia Callaway filed a premises liability action against Brad Bradford Realty, Inc. d/b/a Cobblestone Fayette Apartments, and Parkway Fayette, L. P. collectively “Cobblestone”. After a bench trial, the trial court entered judgment for Callaway. Cobblestone contends that the court erred in reaching that result. In reviewing a judgment entered in a bench trial, we construe the evidence in favor of the judgment and the court’s factual findings will not be disturbed when supported by any evidence. See Hosp. Auth. of Houston County v. Bohannon , 272 Ga. App. 96 611 SE2d 663 2005. We owe no deference, however, to the court’s legal analysis which is subject to de novo review. See id.

Construed in favor of the judgment, the evidence shows that front doors of the apartments at Cobblestone, including the apartment of Callaway’s son, were accessible by means of paved sidewalks and breezeways. But many of the ground-floor units, including Callaway’s son’s unit, had patio doors located close to the complex parking lots; and Callaway’s patio door could clearly be seen from the adjacent parking lot. Callaway’s son always used the patio door for ingress and egress to his apartment.

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