Williams Investment Company v. Girardot

Summary

The Georgia Court of Appeals reversed the denial of summary judgment in a premises-liability slip-and-fall action against a hotel. The court held that the plaintiff had equal or superior knowledge of the wet, slick sidewalk because she observed and appreciated the hazard before voluntarily proceeding across it, and the evidence did not establish that the hotel had superior knowledge.

Holdings

1. The hotel was entitled to summary judgment because Girardot's deposition testimony plainly and indisputably showed that she had at least equal knowledge of the wet, slick sidewalk hazard before she proceeded across it.
2. Girardot assumed the risk associated with the known wet and slick sidewalk condition because she voluntarily chose to traverse the hazard after observing and appreciating it.
3. Girardot failed to present evidence that the hotel had actual or constructive knowledge of the wet sidewalk condition superior to her own knowledge.

Questions Presented

1. Whether the hotel was entitled to summary judgment because Girardot had equal or superior knowledge of the wet, slick sidewalk hazard before voluntarily traversing it.
2. Whether the undisputed evidence established that Girardot assumed the risk of injury by voluntarily proceeding across a known hazard.
3. Whether the evidence showed that the hotel had actual or constructive knowledge of the hazardous condition.

Disposition

reversed