322 Ga. App. 151
Ga. Ct. App.2013Background
- Clark appeals after the trial court granted summary judgment for the City of Atlanta on her negligence claim arising from a fall on uneven sidewalk pavers.
- Clark contends there are genuine factual issues about whether the city had constructive notice of the defect.
- OCGA § 32-4-93(a) shields a municipality from liability if there was no notice or if the defect did not exist long enough to infer notice; this applies to sidewalks as well.
- Constructive notice may be inferred from the defect’s duration, objective evidence, or evidence that others were injured by the same condition over time.
- Photographs taken after the injury (April 22, 2009) and Google Street View images (2007 and 2008) were used to argue the defect existed for months; an expert’s interpretation supported potential notice.
- The court held that slight evidence, viewed favorably to Clark, creates a triable issue of material fact and reversed the grant of summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Clark produced facts creating a jury issue on constructive notice | Clark contends there is evidence the defect existed long enough to infer notice. | City argues no sufficient evidence of notice to defeat summary judgment. | Triable issue on constructive notice exists |
| Whether Google Street View evidence establishes duration of defect | Clark shows prior images indicating an ongoing defect. | City contends photographs are inconclusive for duration. | Evidence creates a material fact question |
| Whether OCGA § 32-4-93(a) absolves liability absent notice or sufficient duration | Clark argues defective condition persisted long enough to imply notice. | City asserts no genuine notice issue under statute. | Issue for jury; not as a matter of law |
Key Cases Cited
- Crider v. City of Atlanta, 184 Ga. App. 389 ((1987)) (constructive notice may be inferred from prior existence)
- Godinho v. City of Tybee Island, 231 Ga. App. 377 ((1998)) (notice presumed when defect existed for long enough)
- Dalton v. City of Marietta, 280 Ga. App. 202 ((2006)) (slight evidence can create triable issue on summary judgment)
- Roberts v. Connell, 312 Ga. App. 515 ((2011)) (de novo review; evidence viewed favorably to nonmovant)
- Schuessler v. Bennett, 287 Ga. App. 880 ((2007)) (length of time a defect must exist is ordinarily a jury question)