Emory University, Inc. v. Duncan

Pope, Judge.

Plaintiffs June and Weldon Duncan brought this action for negligence and loss of consortium, respectively, against defendant Emory University, Inc. seeking recovery of damages for injuries incurred following June Duncan’s fall on defendant’s premises. We granted this interlocutory appeal to review the trial court’s denial of defendant’s motion for summary judgment.

Defendant’s sole enumeration of error asserts that the condition which allegedly caused Ms. Duncan to fall was open, obvious and in plain view, thus precluding plaintiffs’ recovery as a matter of law. The evidence of…