Hightower v. City Council of Augusta, s. 46468
| Decision Date | 05 October 1971 |
| Docket Number | 46469,Nos. 46468,No. 3,s. 46468,3 |
| Parties | C. F. HIGHTOWER v. CITY COUNCIL OF AUGUSTA et al. Annie L. HIGHTOWER v. CITY COUNCIL OF AUGUSTA et al |
| Court | Georgia Court of Appeals |
Sanders, Hester, Holley, Ashmore & Boozer, Fred K. Harvey, Jr., W. Douglas Smith, Augusta, for appellants.
Fulcher, Fulcher, Hagler, Harper & Reed, William C. Reed, Hull, Towill, Norman, Barrett & Johnson, Wyckliffe A. Knox, Jr., Carlton Vaughn, Augusta, for appellees.
Syllabus Opinion by the Court
These appeals are from the grant of motions to dismiss the plaintiffs' complaints for failure to state claims for which relief may be granted.
Mr. C. F. Hightower's complaint (No. 46468) seeks to recover for alleged personal injury and damages allegedly caused by defendants' negligence. His wife's complaint (No. 46469) seeks to recover for an alleged loss of consortium.
Hightower alleges that the defendant City Council of Augusta, owns, operates and maintains the Bush Field Air Terminal as a proprietary function and leases space therein to various airline companies, including the defendant Delta Air Lines, Inc. It is alleged that the joint concurring acts of negligence of both defendants caused his injury.
Hightower's complaint shows that it had been raining and alleges that he went to the terminal to meet his wife who was arriving on one of the defendant airline's flights; that the defendant airline owned and maintained umbrellas and an umbrella rack for use by its customers in going to and from the terminal to arriving and departing flights during rainy weather; that said umbrella rack was maintained inside the door through which the passengers departed and arrived, and that he fell on the slick hard floor in a puddle of water which had been allowed to accumulate within a radius of several feet from the umbrella rack. In particular he alleges that the defendant airline was negligent as follows: '(1) In providing a receptacle for its umbrellas which allowed water to drain therefrom and onto the floor of said terminal; (2) In negligently maintaining its umbrella rack in such a position and location as to allow water to drain from the wet umbrellas through said rack and onto the floor of said terminal; (3) In failing to police and maintain the area where its umbrella rack was located and keep the floor of the terminal free and clear of water so as to prevent the same from constituting a hazard to patrons and customers within said terminal.'
It is alleged that the City Council of Augusta provides janitorial services in the operation and maintenance of the terminal and is under a duty to keep the floor of the premises safe, and further that it was negligent as follows: '(1) In failing to keep the water mopped from the floor of said terminal; (2) In failing to provide any mat or absorbent covering on the floor under said umbrella rack; (3) In allowing said umbrella rack to be placed near the flow of traffic within said terminal; (4) In maintaining the floor of said terminal in a slick, hazardous and unsafe condition; (5) In failing to provide adequate janitorial service to keep the slippery floor safe for passengers and customers within said terminal.' Held:
1. A carrier owes a duty of ordinary care with respect to any member of the public entering upon the premises it owns or occupies for the purpose of doing business with the carrier, including persons coming to meet arriving passengers. Delta Air Lines v. Millirons, 87 Ga.App. 334, 341, 73 S.E.2d 598, and cits.; Code § 105-401. Thus, as to a person in Hightower's status it owes no higher or lesser duty in keeping the premises and approaches safe than other owners or occupiers of land owe to business visitors invited thereon.
As to the City Council of Augusta, it could be shown under the allegations of the complaint to have retained a qualified possession and general supervision of the premises and has invited persons of plaintiff's status to come on them. If so, it too would owe the plaintiff the same duty with respect to the premises and approaches. Rothberg v. Bradley, 85 Ga.App. 477(1), 69 S.E.2d 293.
The plaintiffs' complaints, insofar as they allege that these two defendants were negligent and that such negligence caused them injury and damage, state claims for which relief may be granted.
2. The next question and the main subject of the briefs and arguments, is whether the plaintiffs have pled a state of facts which affirmatively show no liability. Under notice pleading 'it is still possible for a litigant to plead himself out...
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Gray v. Delta Air Lines, Inc., 47223
...as to Delta Air Lines, Inc., however, presents a different picture, and closely resembles the situation in Hightower v. City Council of Augusta, 124 Ga.App. 537, 184 S.E.2d 678, where this court ruled that a jury issue existed. Hightower was a slip-and-fall case in an airport lobby, the fac......
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Cronin v. Delta Air Lines, Inc.
...Inc., 284 F.2d 34 (2dn Cir. 1960); City of Knoxville, Tenn. v. Bailey, 222 F.2d 520 (6th Cir. 1955); Hightower v. City Council of Augusta, 124 Ga.App. 537, 184 S.E.2d 678 (1971); Garrett v. American Airlines, Inc., 332 F.2d 939 (5th Cir. 1964); 3 A.L.R.3d In view thereof, we find that the t......