English v. City of Macon

The instant appeal arises out of the Superior Court of Bibb County’s grant of summary judgment to appellee-defendant, City of Macon, upon a suit for personal injuries filed by appellant-plaintiff, Barbara English, after she tripped and fell on an uneven Macon sidewalk covered with pear tree blossoms as she walked to lunch. English appeals, contending that the grant of summary judgment was error for the City’s failure to support its motion for summary judgment by evidence of sidewalk inspections establishing that it lacked actual or constructive knowledge of the hazard in issue. See Deal v. Children’s World Learning Centers, Inc., 235 Ga. App. 236, 238 2 509 SE2d 134 1998 “In support of a summary judgment motion, the defendant in a slip and fall or trip and fall action still bears the onus of establishing the nonexistence of every material fact, namely, disproving its actual knowledge and pointing out the absence of evidence showing its constructive knowledge of the alleged hazard. Cits.” Finding implied knowledge of the hazard in the City, we reverse. Held:

OCGA § 32-4-93 a provides municipalities relief from liability for negligence in maintaining its buildings, streets, and sidewalks in the absence of actual notice of a defect therein or for want of the passage of sufficient time to warrant such an inference upon the exercise of ordinary care. Godinho v. City of Tybee Island, 231 Ga. App. 377, 378-379 2 499 SE2d 389 1998, rev’d on other grounds, City of Tybee Island v. Godinho, 270 Ga. 567 511 SE2d 517 1999; Brumbelow v. City of Rome, 215 Ga. App. 321 450 SE2d 345 1994. However,