317 Ga. App. 229
Ga. Ct. App.2012Background
- Courter slipped at a Pilot Travel Centers fuel island, injuring his hip, elbow, and neck while on a cross-country trip for his employer.
- Plaintiffs filed negligence and personal injury suit after the incident; Pilot moved for summary judgment.
- Trial court granted summary judgment, finding Courter had equal knowledge of the hazard and failed to exercise ordinary care.
- Court reviews de novo the grant of summary judgment, viewing evidence in the light most favorable to the nonmovant.
- Courter admitted wet, diesel-stained pavement and knew diesel and water can be slippery, but argues Pilot had superior knowledge of the hazard; the appeal challenges the equal-knowledge ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Pilot’s knowledge of the hazard superior to Courter’s? | Courter argues Pilot had superior knowledge of wet, contaminated pavement. | Pilot argues Courter had equal or superior knowledge due to his own awareness of slipperiness. | No; Courter lacked superior knowledge; judgment affirmed. |
| Is summary judgment proper when a plaintiff and occupier have conflicting knowledge? | Courter contends material facts about knowledge remain. | Pilot contends no genuine issue of material fact exists on knowledge. | De novo review; no genuine issue on superior knowledge; judgment affirmed. |
Key Cases Cited
- Dickerson v. Guest Svcs. Co. of Va., 282 Ga. 771 (2007) (premises liability framework; general rule about knowledge)
- Robinson v. Kroger Co., 268 Ga. 735 (1997) (premises liability; lack of superior knowledge may bar liability)
- Hadaway v. Cooner Enterprises, 172 Ga.App. 113 (1984) (precedent on premises liability and knowledge)
- Walker v. Sears Roebuck & Co., 278 Ga. App. 677 (2006) (summary judgment where no superior knowledge)
- Music v. Steamco, Inc., 265 Ga. App. 185 (2004) (knowledge and slippery conditions; consumer/occupier duties)
- Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 (1997) (premises liability principles and related defenses)
