From Casetext: Smarter Legal Research

Hatcher v. City of Albany

Court of Appeals of Georgia
Jan 9, 1978
241 S.E.2d 619 (Ga. Ct. App. 1978)

Summary

In Hatcher v. City of Albany, 144 Ga. App. 503 (241 S.E.2d 619) (1978), this court reversed the trial court's grant of appellee's motion for summary judgment.

Summary of this case from Hatcher v. City of Albany

Opinion

54878.

SUBMITTED NOVEMBER 1, 1977.

DECIDED JANUARY 9, 1978.

Action for damages. Dougherty Superior Court. Before Judge Farkas.

Vansant Engram, B. Sam Engram, Jr., Alfred N. Corriere, for appellant.

Perry, Walters, Lippitt Custer, Jesse W. Walters, for appellee.


Hatcher rented a pavilion from the City of Albany as the location for a Christmas party. After the party he was removing various merchandise and equipment from the pavilion and loading it into vehicles outside. It was approximately 10:45 p. m. and having made several trips, he was aware that there were no lights on outside the pavilion. Hatcher, in carrying a box from the stoop after pushing open the door, slipped and fell off the last step, and in his own words, "I went topsy-turvy and the box went one way and I went the other."

Plaintiff brought this action against the City of Albany, as defendant, alleging that the aforementioned fall and resulting injuries were the proximate result of defendant's failure to properly maintain the premises which it held "open to the plaintiff for plaintiff's use and defendant's financial benefit." After the taking of plaintiff's deposition, defendant moved for summary judgment. The trial court granted defendant's motion, and plaintiff appeals, contending that there are genuine issues of material fact. Held:

The party opposing a motion for summary judgment is entitled to a liberal construction in his favor of the pleadings and evidence. Central Soya Co. v. Bundrick, 137 Ga. App. 63, 67 (1) ( 222 S.E.2d 852) and cits. The plaintiff alleged that, "the steps leading to the hall were unlighted and unsafe for normal use." (Emphasis supplied.) Liberally construed, the description "unsafe" is sufficient to raise issues regarding a dangerous or defective condition of the steps, separate from the allegation that the steps were unlighted. No evidence having been produced which pierces this allegation of plaintiff's complaint, the court erred in granting defendant's motion for summary judgment. Guthrie v. Monumental Properties, Inc., 141 Ga. App. 21-23 (2) ( 232 S.E.2d 369).

Judgment reversed. Bell, C. J., and Smith, J., concur.

SUBMITTED NOVEMBER 1, 1977 — DECIDED JANUARY 9, 1978.


Summaries of

Hatcher v. City of Albany

Court of Appeals of Georgia
Jan 9, 1978
241 S.E.2d 619 (Ga. Ct. App. 1978)

In Hatcher v. City of Albany, 144 Ga. App. 503 (241 S.E.2d 619) (1978), this court reversed the trial court's grant of appellee's motion for summary judgment.

Summary of this case from Hatcher v. City of Albany
Case details for

Hatcher v. City of Albany

Case Details

Full title:HATCHER v. CITY OF ALBANY

Court:Court of Appeals of Georgia

Date published: Jan 9, 1978

Citations

241 S.E.2d 619 (Ga. Ct. App. 1978)
241 S.E.2d 619

Citing Cases

Cowart v. Five Star Mobile Homes

Applying the foregoing principles, we find: (1) plaintiff pleaded "[d]efendant was negligent in using a…

Shirley v. Bacon

The pertinent facts in this case construed most liberally in favor of the plaintiff, as required on a motion…