Legal Opinion · Dissent

KMart Corp. v. Jackson

Court of Appeals of Georgia

Decided July 16, 1999No. A99A0510Published

1DissentAndrews, Presiding Judge

KMart Corporation was entitled to a directed verdict because there was an absence of evidence from which the jury could have reasonably concluded that KMart had actual or constructive knowledge of the hazard which caused Jackson to slip and suffer an injury.

There is no evidence in the record which could support a reasonable inference that KMart had actual knowledge of the spilled liquid before Jackson stepped in it. The only direct evidence on this issue was testimony from the KMart store manager that he was not aware of the spill until he saw Jackson standing in an aisle of the store next to…

2Cases cited11 opinions

  1. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  2. Straughter v. J. H. Harvey Company, Inc.Court of Appeals of Georgia · 1998
  3. Cotton States Fertilizer Co. v. ChildsSupreme Court of Georgia · 1934
  4. Pafford v. BiometSupreme Court of Georgia · 1994
  5. Lovins v. Kroger CompanyCourt of Appeals of Georgia · 1999

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