DeWaters v. City of Atlanta

Pope, Judge.

Plaintiff/appellant brought this action for damages against the City of Atlanta alleging negligence in maintaining a sewer grate “running parallel to the direction of traffic causing a severe and serious hazard to bicyclists. . . .” Following discovery, both parties moved for summary judgment. Plaintiff brings this appeal from the trial court’s order granting summary judgment to the City and denying his motion for summary judgment.

The record evidence shows that near midnight on July 13,1982 plaintiff was injured when the front wheel of the bicycle on which he was riding jammed in…