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Wellsv.Khan Shell, LLC

CourtCourt of Appeals of Georgia
Docket No.A25A2101
DecidedNovember 19, 2025
Reporter378 Ga. App. 79; 923 S.E.2d 707; 2025 Ga. App. LEXIS 552; 2025 LX 586267; 2025 WL 3225081
JudgesMERCIER, Judge. Dillard, P. J., and Senior Judge C. Andrew Fuller concur.
Tags
CivilPremises LiabilityStatic ConditionOpen and Obvious HazardEqual KnowledgeSummary JudgmentTrip and Fall
Case Summary

Tara Wells tripped in a gas-station parking lot after leaving a funeral, later pointing to holes and uneven concrete seams as the cause of her fall. The question was whether Khan Shell had superior knowledge of a hazardous condition or whether the condition was an open and obvious static defect that Wells could have avoided by exercising ordinary care. The Court of Appeals of Georgia affirmed summary judgment for the station owner. It held that the uneven pavement was a static condition, that nothing obstructed Wells's view, and that Wells herself admitted the condition was easy to see once she looked. Because Georgia premises-liability law does not allow recovery where the invitee had equal knowledge of an open and obvious condition, her claim failed.

Opinion

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