Legal Opinion

Henderson v. LOWE'S HOME CENTERS, INC.

Court of Appeals of Georgia

Decided September 11, 1998No. A98A0870PublishedCited by 5 opinions

1Opinion of the Court

Johnson, Presiding Judge.

Elaine and Kenneth Henderson filed a personal injury action against Lowe’s Home Centers, Inc. for injuries sustained after Elaine Henderson tripped over a security cable outside a hardware store owned by Lowe’s. A jury returned a verdict in favor of Lowe’s. The Hendersons appeal from the judgment entered on the verdict.

The Hendersons contend the trial court erred by charging on assumption of risk because there was no evidence supporting such a defense. We disagree.

“Assumption of risk assumes that the actor, without coercion of circumstances, chooses a course of action…

2Cases cited9 opinions

  1. Vaughn v. PleasentSupreme Court of Georgia · 1996
  2. Gaydos v. Grupe Real Estate InvestorsCourt of Appeals of Georgia · 1994
  3. Trustees of Trinity College v. FerrisCourt of Appeals of Georgia · 1997
  4. Bloch v. Herman's Sporting Goods, Inc.Court of Appeals of Georgia · 1993
  5. Lea v. American Home Equities, Inc.Court of Appeals of Georgia · 1993

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bass Custom Landscapes, Inc. v. CunardCourt of Appeals of Georgia · 2002
  2. Jimenez v. Morgan Drive Away, Inc.Court of Appeals of Georgia · 1999
  3. Russell v. Superior K-9 Service, Inc.Court of Appeals of Georgia · 2000
  4. King v. AnglinCourt of Appeals of Georgia · 2000
  5. Bass Custom Landscapes, Inc. v. CunardCourt of Appeals of Georgia · 2002

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