Amburgy v. Golden

This action was initiated by Samuel and Sharon Amburgy to recover for injuries to her resulting from a fall over a 2-foot retaining wall in an apartment complex owned by Dan Golden and Max Kessler. The trial court granted Golden and Kessler’s motion for a directed verdict at the close of the Amburgys’ case. The Amburgys appeal.

Sharon Amburgy was injured when she stepped off the edge of a retaining wall while walking after dark between her brother-in-law’s apartment and a neighboring apartment; she was not following a prepared pathway. The record fails to establish that anyone else ever took…