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Suddarthv.Lounsbrough

CourtCourt of Appeals of Georgia
Docket No.A23A1122
DecidedSeptember 8, 2023
Reporter369 Ga. App. 158; 892 S.E.2d 582; 2023 Ga. App. LEXIS 419
JudgesLAND, Judge. Barnes, P. J., and Watkins, J., concur.
Tags
CivilPremises LiabilitySlip and FallSuperior KnowledgeOpen and Obvious HazardInterlocutory AppealSummary Judgment
Case Summary

After dark on December 1, 2019, rural mail carrier Samantha Lounsbrough delivered a package to John and Caitlin Suddarth’s home. Walking up the stone steps, she noticed crunchy leaves, placed the package at the top, then slipped into leaves while descending and broke her foot; she said she could hear leaves underfoot, and the porch light was off. She sued, alleging negligent maintenance and failure to warn, and the homeowners appealed the denial of summary judgment. The Court of Appeals reversed. Georgia premises-liability law required proof that the homeowners had superior knowledge of the specific hazard: their weekly yard cleanup and general awareness that leaves fell did not establish knowledge of this accumulation, while Lounsbrough heard the leaves before falling. No evidence showed the leaves had remained long enough for a reasonable inspection to discover them. The court also rejected the lighting theory because, absent a contractual or statutory duty, homeowners need not illuminate steps, and inadequate lighting created no liability where Lounsbrough had equal knowledge of the leaves. The court did not reach the homeowners’ remaining argument.

Opinion

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