City of Vidaliav.Johnson
Amy Johnson sued the City of Vidalia after tripping on an uneven sidewalk while running and claimed both negligence and nuisance. The trial court found enough evidence of constructive notice and denied summary judgment, but the Court of Appeals of Georgia reversed. It held that Johnson failed to produce evidence from which a jury could infer the City had actual or constructive notice of the specific defect, because she relied largely on photographs taken months later without contextual proof showing how long the condition had existed. The court also held that the nuisance theory failed as a matter of law because the record showed, at most, ordinary negligence and not the kind of continuous, known, and aggravated condition required to impose municipal nuisance liability.
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