Kouche v. Farr, 317 Ga. App. 277

Kouche appeals a trial court grant of summary judgment for the Farrs in a personal injury action.
On Jan. 8, 2010, Kouche went to the Farrs’ home to pick up Mrs. Farr for a retreat; the driveway was icy and snowy, preventing the Farrs from driving out.
Kouche parked at the top, descended icy stairs, crossed the driveway cautiously, and entered the house; she repeated the same path four times when assisting Mrs. Farr and her belongings.
After grocery shopping, Kouche and Mrs. Farr returned; Kouche parked at the top again as Mrs. Farr retrieved groceries and became stuck on the ice.
Kouche exited her car to help and both women fell; Kouche suffered a broken wrist.
The undisputed evidence showed Kouche had actual or constructive knowledge of the icy conditions before leaving her car, equaling or exceeding the Farrs’ knowledge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether knowledge of the hazard precludes recovery	Kouche argues material fact on knowledge exists and warrants jury consideration.	Farrs contend Kouche’s knowledge was equal or superior, justifying summary judgment.	Summary judgment proper; equal knowledge bars recovery.
Whether the Farrs owed a duty to invitees to keep premises safe	As an invitee, Kouche challenges the scope of duty and breach.	Owner need only ordinary care; not insurer of safety.	Duty satisfied by ordinary care; no breach shown as to material facts.
Whether slip-and-fall elements require plaintiff to prove owner’s actual knowledge	Kouche claims owner should have knowledge of hazard and failed to act.	Plaintiff must show owner’s knowledge; here knowledge was equal or plaintiff’s knowledge is determinative.	Plaintiff’s knowledge of the hazard is determinative; equal knowledge supports judgment for defendants.

Jones v. Murphy, 306 Ga. App. 539 (2010) (standard for summary judgment and de novo review)
Hamblin v. City of Albany, 272 Ga. App. 246 (2005) (duty of reasonable care for premises liability)
Jackson v. Waffle House, 245 Ga. App. 371 (2000) (premises liability invitee must show owner’s knowledge)
Robinson v. Kroger Co., 268 Ga. 735 (1997) (plaintiff’s knowledge of hazard is determinative)
Telligman v. Monumental Props., 161 Ga. App. 13 (1982) (knowledge of hazards affects slip-and-fall recovery)
Columbus Doctors Hosp. v. Thompson, 224 Ga. App. 682 (1997) (plaintiff’s knowledge of observed hazards matters)
Gilliam v. Fletcher Bright Co., 244 Ga. App. 315 (2000) (undisputed evidence of knowledge supports summary judgment)
Elder v. Care-More, 224 Ga. App. 712 (1997) (plaintiff’s equal knowledge bars recovery)