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Wanda Simonv.Michael Murphy Et Al.

CourtCourt of Appeals of Georgia
Docket No.A19A0418
DecidedMay 29, 2019
Reporter316 Ga. App. 502
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceCivil ProcedureSummary JudgmentEvidenceReversal
Case Summary

Wanda Simon tripped over a raised metal crossbar in a Kroger parking-lot cart corral and broke her arm. Kroger and its store manager knew that a delivery truck had damaged the corral months before the fall but had not repaired or replaced it. The trial court granted summary judgment to both defendants and denied Simon’s motion to compel discovery. The Court of Appeals affirmed the discovery ruling but reversed summary judgment. It held that the evidence created a jury question about whether the damaged condition was hazardous and whether the defendants had superior knowledge of it. The court rejected the argument that the defect was necessarily open and obvious on the record before it. The court also held that Simon had not shown a clear abuse of discretion in the discovery ruling because the additional materials she sought were not shown to be material. On remand, the trial court had to address the manager’s separate summary-judgment motion, which was no longer moot after the reversal.

Opinion

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Wanda Simon V. Michael Murphy Et Al. — The Atlanta Gleaner