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City of Vidaliav.Johnson

CourtCourt of Appeals of Georgia
Docket No.A25A0586
DecidedJune 3, 2025
Reporter375 Ga. App. 601; 916 S.E.2d 803; 2025 Ga. App. LEXIS 228; 2025 LX 167437; 2025 WL 1563044
JudgesMARKLE, Judge. Doyle, P. J., and Padgett, J., concur.
Tags
CivilPremises LiabilityMunicipal LiabilityConstructive NoticeSidewalk DefectNuisanceSummary Judgment
Case Summary

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.

Opinion

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