Deron R. Hicks

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Survey Article


In Music v. Steamco, Inc., the Georgia Court of Appeals affirmed the trial court's grant of summary judgment in favor of a restaurant in a slip and fall action. The action was filed by a patron of the restaurant who suffered injuries when she fell down a set of stairs while exiting the restaurant. Plaintiff, after having lunch with her friends at defendant's restaurant, prepared to leave the restaurant by way of the same stairs she used to enter the restaurant. As she stood at the top of the stairs, plaintiff noticed water on the steps; however, the steps had been dry when plaintiff entered the restaurant. Notwithstanding the presence of the water, plaintiff began to descend the steps, slipped, and fell. During the course of discovery, plaintiff admitted that although it would have been inconvenient, she could have avoided the wet steps altogether. In affirming the trial court's grant of summary judgment in favor of defendant, the court of appeals focused on the issue of whether plaintiff had knowledge of the hazardous condition, despite the exercise of ordinary care.

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