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City Of Atlantav.Pamela Dale

CourtCourt of Appeals of Georgia
Docket No.A19A2012
DecidedFebruary 21, 2020
Reporter262 Ga. 80
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceGovernment LawSovereign ImmunityReversal
Case Summary

Pamela Dale was seriously injured after driving over an uncovered manhole on Peachtree Road. A jury found the City of Atlanta liable for public nuisance, but the trial evidence did not establish that the manhole was several inches below street level on the date of the accident or that the city had notice of that condition beforehand. The Georgia Court of Appeals held that the evidence did not satisfy the heightened requirements for municipal nuisance liability. Photographs taken more than a year after the collision and an expert’s opinion about the risk of displacement could not establish the city’s prior knowledge. The court distinguished ordinary premises negligence, explaining that a municipality is not liable for public nuisance based only on what it should have known under an ordinary-care standard. Because the evidence demanded judgment for the city, the court reversed the denial of a directed verdict.

Opinion

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City Of Atlanta V. Pamela Dale — The Atlanta Gleaner