Legal Opinion

Witt v. BEN CARTER PROPERTIES, LLC

Court of Appeals of Georgia

Decided March 24, 2010No. A09A2137PublishedCited by 8 opinions

1Opinion of the Court

Barnes, Judge.

Kay and Marvin Witt appeal the trial court’s grant of summary judgment to the defendants in this premises liability case based upon a hidden defect. The Witts contend that a trier of fact could conclude that the defendants had constructive knowledge of the defect. Because the undisputed evidence in the record shows otherwise, we affirm.

We review de novo a trial court’s grant of summary judgment, viewing the evidence in the light most favorable to the nonmoving party. Orff v. Stonewood Restaurant Group, 285 Ga. App. 488 (646 SE2d 702) (2007). Summary judgment is appropriate where…

2Cases cited8 opinions

  1. Armenise v. Adventist Health System/Sunbelt, Inc.Court of Appeals of Georgia · 1995
  2. Kennestone Hospital, Inc. v. HarrisCourt of Appeals of Georgia · 2007
  3. Lawless v. SasnettCourt of Appeals of Georgia · 1991
  4. Hansen v. CooperCourt of Appeals of Georgia · 2002
  5. Ballew v. Summerfield Hotel Corp.Court of Appeals of Georgia · 2002

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3Cited by8 opinions

  1. All American Quality Foods, Inc. v. SmithCourt of Appeals of Georgia · 2017
  2. Berni v. Cousins Properties, Inc.Court of Appeals of Georgia · 2012
  3. Weickert v. Home Depot U.S.A., Inc.Court of Appeals of Georgia · 2018
  4. Barbara Berni v. Cousins Properties, Inc.Court of Appeals of Georgia · 2012
  5. Christina Watson v. Katherine DanaCourt of Appeals of Georgia · 2020

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