McLemore v. Genuine Parts Co.
313 Ga. App. 641
| Ga. Ct. App. | 2012Background
- Evelyn L. and Bobbie H. McLemore sued Genuine Parts Company for injuries after Evelyn fell from a curb in a GPC parking lot during a tool show on Nov. 13, 2007.
- The incident occurred as the lot was crowded with activity; Evelyn walked toward the store, stepping onto a curb, and fell, injuring ribs and later requiring surgery.
- The McLemores had previously parked in handicap spaces with a ramp access; there were tables and chairs set up for the event, and Evelyn claimed the curb was higher than usual.
- GPC moved for summary judgment, arguing the curb condition was open and obvious and the distraction theory did not create a triable issue; the trial court granted the motion.
- Evidence included Evelyn’s ability to see the curb, Bobbie’s competing observation of the curb height, and an expert who criticized the curb height, but who did not create a genuine issue of material fact against the owner’s duty.
- The Georgia Court of Appeals affirmed, holding that the owner was not liable where the hazard was open and obvious and the plaintiff had equal or superior knowledge of the hazard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GPC owed a duty given the curb hazard. | McLemore contends GPC failed to maintain safe premises and that the curb height created a hazard. | GPC argues the curb was open and obvious and Evelyn had equal knowledge of the hazard; no duty to warn. | Yes; no liability because hazard was open/obvious and Evelyn had equal knowledge. |
| Whether the distraction theory precludes summary judgment. | McLemore argues distraction from the tool show contributed to the fall. | Distraction theory not applicable where hazard view was not obstructed and risk is obvious. | Yes; distraction theory rejected; no genuine issue of material fact. |
Key Cases Cited
- Perkins v. Val D'Aosta Co., 305 Ga.App. 126 (2010) (open/obvious hazard; owner not liable if invitee sees risk)
- Becton v. Tire King of North Columbus, 246 Ga.App. 57 (2000) (duty to warn absent known risk; open condition not actionable)
- Gray v. Alterman Real Estate Corp., 196 Ga.App. 239 (1990) (distraction theory; not applicable when hazard is visible)
- Wright v. JDN Structured Finance, 239 Ga.App. 685 (1999) (premises not required to be free of trivial defects; ultimate duty to maintain safe premises)
- Pirkle v. Robson Crossing LLC, 272 Ga.App. 259 (2005) (open/obvious hazard; plaintiff equal knowledge defeats duty)
- Warnke v. Pace Membership Warehouse, 215 Ga.App. 33 (1994) (view obstruction and distraction considerations in premises liability)