CITY OF MACON Et Al. v. BROWN.
Court of Appeals of Georgia
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
- City of Tybee Island v. GodinhoSupreme Court of Georgia · 1999
- Brumbelow v. City of RomeCourt of Appeals of Georgia · 1994
- Schuessler v. BennettCourt of Appeals of Georgia · 2007
- Clark v. City of AtlantaCourt of Appeals of Georgia · 2013
- Godinho v. City of Tybee IslandCourt of Appeals of Georgia · 1998
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