Siegel v. Park Avenue Condominium Ass'n
322 Ga. App. 337
| Ga. Ct. App. | 2013Background
- Siegel sued Park Avenue Condominium Association, Inc. for injuries after falling while standing in the lobby's automatic revolving door.
- The trial court granted summary judgment for the Association, and Siegel appeals seeking jury issues on factual disputes.
- Siegel testified the door moved, struck her foot, and caused her fall, while evidence showed the door generally operated as designed.
- The Association presented evidence the revolving door functioned properly with sensors and safety features; no defect was shown.
- Siegel-premised negligence theories included premises liability, negligence per se based on a code requirement, and punitive damages/attorney fees claims; the court upheld summary judgment.
- The court concluded Siegel failed to show superior knowledge by the Association or a cognizable open-and-obvious hazard, and upheld per se and punitive-damages rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Siegel created a triable dispute on superior knowledge of the hazard | Siegel contends the door hazard was known more to the Association. | Association proved door operated correctly; no evidence of defect or superior knowledge. | No factual dispute; summary judgment affirmed on premises liability. |
| Whether the revolving door hazard was open and obvious | Door motion and impact were hazards Siegel faced. | Door functioned as designed; no evidence of open-and-obvious hazard beyond fall. | Hazard not shown as open/obvious; summary judgment affirmed. |
| Whether Siegel's negligence per se claim based on code required side door survives | Code required a side door within ten feet; violation supports negligence per se. | Evidence shows no harm from the revolving door and no proof of causal link to injury; side door not proven necessary for duty. | Negligence per se claim failed; summary judgment affirmed. |
Key Cases Cited
- Robinson v. Kroger Co., 268 Ga. 735 (1997) (premises-liability summary-judgment framework; knowledge of hazard burden shifting)
- The Landings Assn. v. Williams, 291 Ga. 397 (2012) (premises-liability knowledge standard)
- Owens v. DeKalb Med. Center, 253 Ga. App. 19 (2001) (superior knowledge required for hazards in revolving doors)
- Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546 (1983) (negligence per se analysis—causal connection to harm)
- Central Anesthesia Assoc. v. Worthy, 173 Ga. App. 150 (1984) (statutory-duty characterization for negligence per se)
- Henson v. Ga. Pac. Corp., 289 Ga. App. 777 (2008) (premises-liability knowledge and burden of proof standards)