Legal Opinion · Dissent

CITY OF MACON Et Al. v. BROWN.

Court of Appeals of Georgia

Decided October 20, 2017No. A17A1066Published

1DissentMcFadden, Presiding Judge

I respectfully dissent. Because a factfinder could infer from the photographs in the record that the defect in the pavement existed for a sufficient length of time to place the City Defendants on constructive notice of it, the trial court properly denied summary judgment to them.

"The length of time a defect must exist in order for an inference of notice to arise [under OCGA § 32-4-93 (a) ] is ordinarily a question for the jury." City of Atlanta v. Hightower, 177 Ga. App. 140, 141, 338 S.E.2d 683 (1985) (citation and punctuation omitted); see Clark v. City of Atlanta, 322 Ga. App. 151, 153,…

2Cases cited9 opinions

  1. City of Tybee Island v. GodinhoSupreme Court of Georgia · 1999
  2. Brumbelow v. City of RomeCourt of Appeals of Georgia · 1994
  3. Schuessler v. BennettCourt of Appeals of Georgia · 2007
  4. Clark v. City of AtlantaCourt of Appeals of Georgia · 2013
  5. Godinho v. City of Tybee IslandCourt of Appeals of Georgia · 1998

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