Berni v. Cousins Properties, Inc.
316 Ga. App. 502
Ga. Ct. App.2012Background
- Berni sued CP Venture Three and Cousins Properties for injuries from tripping on a grassy median at a shopping center managed by defendants.
- The incident occurred when Berni, carrying a heavy box, crossed a small grassy median to reach a vehicle parked nearby.
- Berni testified she knew of the median but chose the median route because it was the shortest path, despite a blocked view from the box.
- Defendants argued they had no superior knowledge of a hazard and Berni failed to exercise ordinary care for her own safety.
- The trial court granted summary judgment for defendants; on appeal, the issue is whether there was a genuine issue of material fact.
- The court reviews de novo whether there were genuine issues and whether the defendants exercised ordinary care through inspections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did defendants have superior knowledge of the hazard? | Berni argues defendants had constructive knowledge of the hazard. | Defendants contend they lacked knowledge and conducted regular inspections. | No genuine issue; trial court correct to grant summary judgment. |
| Did Berni fail to exercise reasonable care for her own safety? | Berni asserts the median was hazardous and open, requiring caution. | Defendants claim Berni chose an unsafe route despite known route options. | Berni's deliberate off-walk onto the median, with impeded view, failed to exercise ordinary care. |
Key Cases Cited
- McCaskill v. Carillo, 263 Ga. App. 890 (2003) (summary-judgment de novo standard of review)
- Robinson v. Kroger Co., 268 Ga. 735 (1997) (premises-liability duty; knowledge standard)
- Witt v. Ben Carter Props., LLC, 303 Ga. App. 107 (2010) (knowledge of hazards and premises-management duties)
- Armenise v. Adventist Health System/Sunbelt, Inc., 219 Ga. App. 591 (1995) (inspections and lack of prior incidents negate constructive knowledge)
- Pirkle v. Robson Crossing, LLC, 272 Ga. App. 259 (2005) (open and obvious hazards; plaintiff's duty to avoid)
- Williams v. Park Walk Apts., L.P., 253 Ga. App. 429 (2002) (open and obvious hazards; failure to exercise ordinary care)