Ex parte Wah

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that an “owner/occupier [of land] is required to exercise ordinary care to protect the invitee from unreasonable risks of harm of which the owner/occupier has superior knowledge” by virtue of “actual or constructive notice” (citation and punctuation omitted)
• principal who knowingly causes or permits another to appear as his agent is estopped from denying agency
• “it is the defendant’s burden to establish a rational basis for apportioning fault to a non-party”
• “While not an insurer of the invitee’s safety, the owner/occupier is required to exercise ordinary care to protect the invitee from unreasonable risks of harm of which the owner/occupier has superior knowledge.” (punctuation omitted) (emphasis supplied)
• “But it is a plaintiff’s knowledge of the specific hazard which precipitates [the injury] which is determinative, not merely her knowledge of the generally prevailing hazardous conditions or of the hazardous conditions which she observes and avoids.” (cleaned up)
• “fault” as used in OCGA § 51-12-33 extends to those who “have breached a legal duty in the nature of a tort that is owed for the protection of the plaintiff, the breach of which is a proximate cause of his injury”

Source: CourtListener parenthetical corpus (CC0).