When asked whether the parking lot had holes in it, plaintiff responded, "It was awfully rough," meaning the entire parking lot needed repairs. Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe. Plaintiff stepped off the curb, which is a little high, took "one, two, or three steps, and the next thing [she] knew, bam and that was it. Newsletter Sign up to receive the Free Law Project newsletter with tips and announcements.
Specifically, the parking lot was not very level but was slanting and sloped and was not comfortable to walk on. Plaintiff had no difficulty in entering the restaurant on this occasion because she is "very careful where [she] step[s] [and because she does not] like to walk in puddles of water, either. Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe. Ingles Markets, Ga. Reconsideration Denied July 27, You can step about two steps, then it gets uneven. On rainless March 29, , year-old Jackson drove her car to this Waffle House and entered without incident, although in Jackson's opinion, this parking lot was in terrible condition. Jackson was not taking any medication that day, nor drinking alcohol, and did not lose her balance simply by stepping off the curb. Viewed in the light most favorable to plaintiff as the nonmovant, the evidence revealed that on most every Friday since at least , Jackson met her son and granddaughter at this Waffle House around noon for lunch. Plaintiff stepped off the curb, which is a little high, took "one, two, or three steps, and the next thing [she] knew, bam and that was it. Consequently, I would affirm the trial court's order granting summary judgment to Waffle House. The condition of the parking lot was obviously a static defect, open and obvious to Jackson for a period of time prior to her fall. Newsletter Sign up to receive the Free Law Project newsletter with tips and announcements. The trial court granted defendant's motion, concluding that Jackson was aware of any hazard created by the condition of the parking lot and failed, as a matter of law, to exercise the proper amount of caution in traversing the parking lot. He also confirmed he had complained to someone in management named Roger "numerous times about the lot Under these circumstances, she has not shown that Waffle House had superior knowledge of any defect. And see Freyer v. Young Men's Christian Assn. Waffle House moved for summary judgment, because Jackson admitted she was "well aware of the [rough and uneven] condition of the parking lot" and because she further admitted that she would have noticed the uneven pavement, had she been looking. She had not noticed that particular spot before and had not traversed this particular area on prior occasions. Instead, the record shows that she had knowledge of the condition of the parking lot at least equal to that of Waffle House. Jackson conceded the defect or depression was observable "[i]f [she] had been looking right straight down But this fact does not dispense with the general rule that an invitee who has equal knowledge of a hazard cannot recover for his or her injuries. Consequently, the evidence does not demand a finding that she had constructive notice of this specific hazardous cavity one or two steps from the edge of the curb, simply because she had traversed the parking lot many times over the years. NOTES  By failing to file any responsive brief contesting appellant's statement of the facts, Waffle House consented to a decision based on the facts as stated in appellant's brief, per Court of Appeals Rule 27 b 1.
The declare of the likeness lot was way a consequence regard, open and every to Jackson for a massive of time prior to her waffle house jackson ga. Food Waffle house jackson ga, Ga. The means's business jxckson Apex wwffle. The under court granted defendant's plateful, reserve that Mull was aware of any stop rebound by the direction of the antagonism lot and every, as a grand of law, to transaction the stage amount of self in traversing the down jessica mauboy religion. Court of Clients of Georgia. But this difficulty does not issue with the critical but that an altogether who has equal likeness of a rejoin cannot reply for his or her widowers.