· 9/24/2008
Bullard v. Marriott International, Inc.
Citations
- 667 S.E.2d 909
- 293 Ga. App. 679
- 2008 Fulton County D. Rep. 3083
- 2008 Ga. App. LEXIS 1048
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing a grant of summary judgment where there were factual questions about whether the plaintiff should have noticed the raised brick in her path over which she tripped
- \[I]t is a plaintiff's knowledge of the specific hazard which precipitates the trip and fall which is determinative.\
- evidence that defendant received previous complaints regarding uneven walkway and made attempts to repair it created a jury issue as to whether defendant took reasonable steps to prevent a foreseeable danger
- evidence that defendant received previous complaints regarding uneven walkway and made attempts to repair it created a jury issue as to whether defendant took reasonable steps to prevent a foreseeable danger
- factual question remained as to whether allegedly hazardous condition presented by raised brick on walkway was open and obvious and whether claimant should have seen the hazard before she tripped
- “[R]egardless of whether [the invitee] had some knowledge of uneven bricks in the area she typically used, the evidence does not demand a finding that she had encountered or successfully negotiated the substantially raised brick that caused her fall.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Johnson, Barnes, Phipps
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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