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Whitley v. H & S Homes, LLC
Citations: 632 S.E.2d 728; 279 Ga. App. 877; 2006 Fulton County D. Rep. 2006; 2006 Ga. App. LEXIS 710Docket: A06A0488
Court: Court of Appeals of Georgia; June 16, 2006; Georgia; State Appellate Court
Kathlyne Whitley filed a negligence lawsuit against H. S Homes, LLC, after injuring herself by falling on a gravel surface at the company's sales lot. The trial court granted H. S Homes' motion for summary judgment, which Whitley appealed. The Court of Appeals of Georgia affirmed the trial court's decision, stating that summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Whitley visited the sales lot to view manufactured homes, where she fell after stepping on loose gravel, breaking her leg. She claimed H. S Homes was negligent in maintaining the premises. However, the court held that Whitley failed to demonstrate that H. S Homes had superior knowledge of the dangerous condition compared to her own. During daylight, Whitley was aware of the gravel and the presence of trailer hitches in the area. She did not provide evidence that H. S Homes was aware of any dangerous conditions that she was not. The court noted that proof of a fall alone does not establish liability; an invitee must show that the property owner had actual or constructive knowledge of a dangerous condition and that the invitee lacked knowledge due to conditions within the owner's control. Since Whitley had full knowledge of the surface conditions and did not prove H. S Homes' superior knowledge, the court concluded that the trial court properly granted summary judgment, affirming the ruling.