Georgia Court of Appeals Affirms Summary Judgment
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Summary Judgment Affirmed in Premises Liability Case

In a published opinion, the Court of Appeals affirmed a grant of summary judgment for a  premises occupier obtained by Andrew Bagley.  
The Plaintiff filed suit againt a local business, claiming that it was responsible for significant injuries she susted when she tripped over a crack in exterior pavement.  At the conclusion of discovery, Andrew moved for summary judgment on the basis that hazard was open and obvious and that the Plaintiff could not establish that the defendant had "superior knowledge" of the fall.  The trial court judge granted the Motion, and the Plaintiff appealed.  After briefing and oral arguments, the Court of Appeals affirmed, finding that the business could not be held liable for the alleged injuries. 

The published opinion is available at Gutierrez v. Six Flags Over Georgia II, LLP, No. A23A0607, 2023 WL 3140294 (Ga. Ct. App. Apr. 28, 2023).