Johnson v. Loy

Beasley, Judge.

Between 5:30 and 6:00 p.m. on the evening of August 18, 1994, Suzette Johnson left the retail Color Tile store where she had gone as a customer. She crossed the raised sidewalk and walked onto a short concrete ramp which provided a sloped access to the asphalt parking lot one step below. She stepped on what her attorney described as a “gouge,” lost her balance, fell and was injured.

Her expert referred to the condition as a “groove” which constituted “an inordinately severe and hazardous irregular depression on the surface of the ramp.” By affidavit he testified that it was…