Smith v. Shuman, 50788
| Decision Date | 02 September 1975 |
| Docket Number | No. 3,No. 50788,50788,3 |
| Citation | 135 Ga.App. 594,218 S.E.2d 304 |
| Parties | Doris C. SMITH et al. v. Barbara A. SHUMAN et al |
| Court | Georgia Court of Appeals |
Joseph B. Bergen, Savannah, for appellants.
Kennedy & Sognier, John W. Sognier, John T. Woodall, Falligant, Karsman, Kent & Toporek, A. Martin Kent, Charles C. Brooks, Savannah, for appellees.
In these separate actions, tried and appealed together, by a husband and his wife for damages for injuries to the wife resulting from her slipping and falling on a rock in the parking lot of a beauty shop owned by one defendant and leased to the co-defendant, the trial judge did not err in granting summary judgments for both defendants upon a showing that the plaintiff wife parked on the nearly new parking lot around noon on a clear day; that she saw no debris on the parking lot as she entered the defendants' shop; that upon leaving the shop around 2:00 p.m., she observed several stones on the then nearly vacant parking area, yet slipped and fell on a quarter- or marble-sized, gray colored stone; that she had used this parking lot for about 5 months and had never seen any debris thereon before; and that there was no evidence that the defendants had any knowledge of the presence of the stones. See Butler v. Jones, 85 Ga.App. 158(2), 68 S.E.2d 173 and cits.; Misenhamer v. Pharr, 99 Ga.App. 163(2), 107 S.E.2d 875 and cits.; Angel v. Varsity, Inc., 113 Ga.App. 507, 148 S.E.2d 451 and cits.; Avary v. Anderson, 31 Ga.App. 402, 120 S.E. 683; Roberts v. Wicker, 213 Ga. 352, 99 S.E.2d 84 and cits.
Judgments affirmed.
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