Hearn v. Barden

9 Citing cases

  1. Thompson v. Crownover

    186 Ga. App. 633 (Ga. Ct. App. 1988)   Cited 6 times
    In Thompson v. Crownover, 186 Ga. App. 633 (368 S.E.2d 170) (1988), we affirmed the trial court's grant of summary judgment in favor of appellee-defendants.

    ' [Cits.]" Hearn v. Barden, 115 Ga. App. 708, 709-710 ( 155 S.E.2d 649) (1967). By appellant's own testimony, she was equally aware of the defective heater and of the danger inherent in using it.

  2. Richardson v. Palmour Court Apartments

    170 Ga. App. 204 (Ga. Ct. App. 1984)   Cited 27 times
    In Richardson, the plaintiff tenant fell on a poorly-lit stairway at her apartment after making repeated unfulfilled requests that the landlord illuminate the stairwell.

    In accordance with the "superior knowledge" principle, it has been held that "[w]here a portion of leased premises is dangerously out of repair and such condition is patent and known to the tenant, who continues to use that area, the tenant cannot recover from the landlord for damages resulting from the condition." Hearn v. Barden, 115 Ga. App. 708 ( 155 S.E.2d 649) (1967). The plaintiff in Hearn was injured through her use of a defective screen door at the rear of her house.

  3. Johnston v. Ross

    264 Ga. App. 252 (Ga. Ct. App. 2003)   Cited 4 times

    Adhering to the above Supreme Court authority, this Court has also held that a landlord is not liable for injury to a tenant caused by a patent defect of which the tenant had knowledge. Hearn v. Barden, 115 Ga. App. 708 ( 155 S.E.2d 649) (1967). Because Johnston admits she was aware of the absence of a handrail on the steps, the above Supreme Court authority requires dismissal of her defective construction claim under OCGA § 44-7-14.

  4. Lariscy v. Eschette

    702 S.E.2d 49 (Ga. Ct. App. 2010)   Cited 2 times

    (Citations and punctuation omitted.) Hohnerlein v. Thomas, 186 Ga. App. 282-283 ( 367 SE2d 95) (1988); Alexander v. Rhodes, 104 Ga. 807 ( 30 SE 968) (1898); Hearn v. Barden, 115 Ga. App. 708 ( 155 SE2d 649) (1967); Richardson v. Palmour Court Apts., 170 Ga. App. 204 ( 316 SE2d 770) (1984); Hall v. Thompson, 193 Ga. App. 574-575 ( 388 SE2d 381) (1989). It follows that, in order for Eschette to recover from Lariscy for injuries she claimed were caused or contributed to by a defect in the stairs, she was required to show that Lariscy had superior knowledge of the defect.

  5. Watts v. Jaffs

    216 Ga. App. 565 (Ga. Ct. App. 1995)   Cited 6 times

    See Phelps v. Consolidated Equities Corp., 133 Ga. App. 189, 193 ( 210 S.E.2d 337) (1974); Hull v. Mass. Mut. Life Ins. Co., 142 Ga. App. 269 ( 235 S.E.2d 601) (1977); Grier v. Jeffco Mgmt. Co., 176 Ga. App. 158 ( 335 S.E.2d 408) (1985); Fitzgerald v. Storer Cable Communications, 213 Ga. App. 872, 874 ( 446 S.E.2d 755) (1994). By implication, Thompson overruled contrary authority in cases such as Alexander v. Rhodes, 104 Ga. 807 ( 30 S.E. 968) (1898); Clements v. Blanchard, 141 Ga. 311, 312 ( 80 S.E. 1004) (1914); and Hearn v. Barden, 115 Ga. App. 708, 710 ( 155 S.E.2d 649) (1967), which held that, where the tenant knew of the defective condition in the rented premises and failed to avoid it, he assumed the risk of injury and was barred from recovering from the landlord, despite any showing of necessity. Since the absence of a handrail was plainly visible to Jaffs, she had equal knowledge of the defect in this case, and is barred from recovery under the equal or superior knowledge rule.

  6. Rowland v. Colquitt

    214 Ga. App. 544 (Ga. Ct. App. 1994)   Cited 5 times

    The landlord's duty to keep premises in repair can result in making him liable for a defect in the premises of which he has notice or actual knowledge. See Hearn v. Barden, 115 Ga. App. 708, 709 ( 155 S.E.2d 649) (1967); Howell Gas of Athens v. Coile, 112 Ga. App. 732, 735 (1a) ( 146 S.E.2d 145) (1965). Where defects render premises unsafe, the landlord may not avoid these statutory duties.

  7. Oliver v. Complements, Ltd.

    190 Ga. App. 30 (Ga. Ct. App. 1989)   Cited 10 times

    ]'" (Emphasis supplied.) Thompson v. Crownover, 186 Ga. App. 633, 635 ( 368 S.E.2d 170); accord Richardson, supra at 205; Hearn v. Barden, 115 Ga. App. 708, 709-710 ( 155 S.E.2d 649); Williams v. Jones, supra. Here, there was full knowledge of the hazard by the appellant, equal or superior to that of the landlord ( Garnett v. Mathison, supra), a duty to avoid using the defective or unsafe portion of the premises ( Thompson, supra), knowledge of a safe but alternative route ( Lindsey, supra), and an election to use the known defective route, thus assuming the risk ( Bell, supra; Summer, supra; Yankey, supra).

  8. Atkinson v. Kirchoff Enterprises, Inc.

    351 S.E.2d 477 (Ga. Ct. App. 1986)   Cited 21 times
    In Atkinson v. Kirchoff Enterprises, Inc., 181 Ga.App. 139, 140 (351 S.E.2d 477) (1986) (physical precedent only), the plaintiff was injured by a sharp object concealed in the construction debris on which she stepped.

    Id. at 350. Thus, I cannot agree with the special concurring opinion that appellant was coerced by the circumstances or driven by necessity in a manner mitigating her knowing assumption of an obvious risk. Since I do not consider "necessity" to be an issue in this case, I need not address language in cases such as Hearn v. Barden, 115 Ga. App. 708, 710 ( 155 S.E.2d 649) (1967), in which it was stated that "even though the plaintiff alleged that the route chosen was one of necessity, yet where the plaintiff knew of the danger he assumed the risk and was guilty of such negligence as would bar recovery." (Emphasis supplied.)

  9. Shadowood Assoc. v. Kirk

    316 S.E.2d 487 (Ga. Ct. App. 1984)   Cited 6 times

    Thus, this was not a case of negligent failure to undertake repairs. Compare Clements v. Blanchard, 141 Ga. 311 ( 80 S.E. 1004) (1913); Hearn v. Barden, 115 Ga. App. 708 ( 155 S.E.2d 924) (1967); Mullinax v. Cook, 115 Ga. App. 201 ( 153 S.E.2d 924) (1967); Bixby v. Sinclair Refining Company, 74 Ga. App. 626 ( 40 S.E.2d 677) (1946); Finley v. Williams, 45 Ga. App. 863 ( 166 S.E. 265) (1932). But see Richardson v. Palmour Court Apts., 170 Ga. App. 204 ( 316 S.E.2d 770) (1984) (Carley, J., dissenting), wherein the landlord had promised to make requested repairs, but the tenant knew that the landlord in fact had never undertaken to do so.