Samuels v. CBOCS, Inc.
319 Ga. App. 421
| Ga. Ct. App. | 2012Background
- Samuels slipped leaving a Cracker Barrel in Perry owned by CBOCS, Inc.
- Trial court granted summary judgment for CBOCS; Samuels appeals.
- Evidence shows the fall occurred after 9:00 p.m. in a lit parking lot, on a dark object.
- The object was described as a four-inch long, half-inch diameter dark wood piece that rolled.
- There was evidence it could be landscaping mulch; manager Griggs was on duty.
- Griggs was responsible for ground inspections every 30 minutes to an hour, but none occurred after 2:00 p.m. during his shift.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Knowledge of the hazard required to survive summary judgment | Samuels shows lack of inspection supports constructive knowledge | CBOCS argues no constructive knowledge; object not discoverable | Issue for trial; not appropriate for summary judgment |
| Effect of follow-through on inspection procedures | Failure to follow inspection raises inference of constructive knowledge | No evidence inspections would have found the object | Placing issue of constructive knowledge for fact finder |
| Naturally occurring exception to liability | Object not clearly naturally occurring; could be mulch or other source | Item could be naturally occurring; owner not liable without obvious hazard | Issue of fact remains; not undisputed that object was natural |
| Reasonableness of plaintiff’s and owner’s duties under Robinson | Reasonable minds could differ on breach of duty | Court should grant summary judgment if no genuine issue | Summary judgment improper; Robinson precludes if reasonable minds differ |
| Adequacy of lighting and inspection as disclosure of hazard | Lighting made the object detectable; inspection timing insufficient | Video evidence supports adequate lighting; inspection timing irrelevant | Not decided; Matter for jury under premises-liability standard |
Key Cases Cited
- Robinson v. Kroger Co., 268 Ga. 735 (1997) (premises liability; reasonable care and knowledge standard; summary judgment not appropriate when reasonable minds differ)
- Food Lion v. Walker, 290 Ga. App. 574 (2008) (constructive knowledge inferred from lack of inspection program)
- The Landings Assn. v. Williams, 291 Ga. 397 (2012) (summary adjudication doubtful where genuine issues exist about notice/knowledge)
- Brown v. Host/Taco Joint Venture, 305 Ga. App. 248 (2010) (insufficient visibility may preclude constructive knowledge conclusion)
- Chastain v. CF Ga. North DeKalb L.P., 256 Ga. App. 802 (2002) (no constructive knowledge where not easily discoverable)
- Lindsey v. Ga. Bldg. Auth., 235 Ga. App. 718 (1998) (evidence of visibility affects discovery of hazard)
- Rodriquez v. City of Augusta, 222 Ga. App. 383 (1996) (plaintiff admitted hazard not visible; no inference of knowledge)
- Leibel v. Sandy Springs Historic Community Foundation, 281 Ga. App. 390 (2006) (naturally occurring items exception to liability depends on evidence of origin)
- Augusta Country Club v. Blake, 280 Ga. App. 650 (2006) (items from trees/nearby sources; natural vs. non-natural hazard distinction)
- Cleveland v. Snowdrop Properties, 232 Ga. App. 447 (1998) (naturally occurring substances; absence of obvious hazard affects duty)