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West Lumber Co. v. Beck

231 Ga. App. 46 (Ga. Ct. App. 1998)
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West Lumber Co. v. Beck

3 Citing cases

  1. Carter v. Smith

    294 Ga. App. 590 (Ga. Ct. App. 2008)   Cited 12 times

    Haynes v. Hoffman, 164 Ga. App. 236, 238 (3) ( 296 SE2d 216) (1982). See West Lumber Co. v. Beck, 231 Ga. App. 46, 49 (2) ( 497 SE2d 647) (1998) ("Questions of fact and credibility are for the jury."). The hindsight charge is appropriate in a medical malpractice case where the evidence raises an issue as to whether the negligence claim is premised on later acquired knowledge or information not known or reasonably available to the defendant physician at the time he provided the medical care.

  2. Carroll v. Georgia Power Company

    240 Ga. App. 442 (Ga. Ct. App. 1999)   Cited 18 times
    Noting that "a shopper walking the aisles of a store knows that every aisle will eventually terminate" and should "maintain a lookout so as not to run into a wall or counter at the end of the aisle"

    The "plain view" doctrine precludes recovery where a hazard is in plain view at a location where it is customarily found and can be expected to be. A climber can clearly expect that as he nears the top of a ladder, the rungs will at some point run out, which will be in plain view to him. Robinson, supra, 268 Ga. at 743 (1); see West Lumber Co. v. Beck, 231 Ga. App. 46, 48 (1) ( 497 S.E.2d 647) (1998). Carroll claims that he was distracted by the fight and thus excused from maintaining a proper lookout.

  3. Laffoday v. Winn Dixie Atlanta, Inc.

    235 Ga. App. 832 (Ga. Ct. App. 1998)   Cited 4 times
    Holding that the invitee presented some evidence she exercised reasonable care for her own safety when, although she had been warned to be careful about water in the area, she had no actual knowledge of the particular water which caused her to slip while she was startled by and "responding to a page over the intercom from the store manager requesting that [she] report to the front of the store"

    " Robinson 268 Ga. at 748. Application of these principles requires us to reverse the grant of summary judgment to Winn Dixie. See West Lumber Co. v. Beck, 231 Ga. App. 46 ( 497 S.E.2d 647) (1998); Jones v. Ingles Markets, 231 Ga. App. 338, 342 ( 498 S.E.2d 365) (1998) (physical precedent only). The evidence in this case is not "plain, palpable, and undisputed," within the meaning of Robinson, supra at 748, that Laffoday failed to exercise ordinary care for her own safety.