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Vinings Run Condominium Association Et Al.v.Linda Stuart-Jones

CourtCourt of Appeals of Georgia
Docket No.A17A0586
DecidedJune 27, 2017
Reporter335 Ga. App. 727
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceProperty LawSummary JudgmentReversalDissentAppellate Procedure
Case Summary

Linda Stuart-Jones sued a condominium association and management company after allegedly unsafe conditions around an outdoor staircase caused her injury. The defendants sought summary judgment, arguing that Stuart-Jones had equal or superior knowledge of the condition and that the landlord-tenant necessity rule did not apply. The Georgia Court of Appeals held that the necessity rule did not govern the relationship and that the record did not show a factual basis to impose liability under the asserted theory. It reversed the denial of summary judgment. Several judges dissented, concluding that evidence of poor lighting and the plaintiff’s lack of knowledge created a jury issue under Georgia premises-liability law. Other judges concurred only in the judgment. The whole-court decision therefore preserved a substantial disagreement about how premises-liability principles apply to condominium common areas.

Opinion

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