Legal Opinion · Dissent

Straughter v. J. H. Harvey Company, Inc.

Court of Appeals of Georgia

Decided March 20, 1998No. A97A1873Published

1DissentAndrews, Chief Judge

Because there was no evidence to support Slaughter’s claim that J. H. Harvey Company, Inc. had actual or constructive knowledge of the hazard on which she slipped and fell, the trial court properly granted summary judgment in favor of Harvey.

In order to recover, Straughter had the burden of establishing (1) that Harvey had actual or constructive knowledge of the hazardous condition which caused the slip and fall, and (2) that she lacked knowledge of the hazard despite the exercise of ordinary care due to actions or conditions within the control of Harvey. Alterman Foods v. Ligon, 246 Ga. 620,…

2Cases cited25 opinions

  1. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  2. Robinson v. Kroger Co.Supreme Court of Georgia · 1997
  3. Alterman Foods, Inc. v. LigonSupreme Court of Georgia · 1980
  4. Eiberger v. WestSupreme Court of Georgia · 1981
  5. Food Giant, Inc. v. CookeCourt of Appeals of Georgia · 1988

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