Swanson v. Choate
| Decision Date | 03 July 1963 |
| Docket Number | No. 3,40005,Nos. 39974,s. 39974,3 |
| Parties | Vera H. SWANSON v. Dr. Harold J. CHOATE. Dr. Harold J. CHOATE v. Vera H. SWANSON |
| Court | Georgia Court of Appeals |
Jere F. White, Cartersville, for plaintiff in error.
William A. Ingram, Cartersville, for defendant in error.
Syllabus Opinion by the Court
The plaintiff in the instant case claims damages against the defendant by reason of injuries resulting from a fall when her foot caught in a door mat on the defendant's premises. The door mat was made of rubber strips alternatively placed with a wire running through the ends where the strips join and at each end of the mat the strips were separated by small rubber in serts. An open space through the mat was left between the strips measuring approximately one-half inch in width, one and one-half inch in length, and one-fourth inch in depth. The evidence showed that plaintiff's heel, which measured three-fourths inch in width, caught in the rubber mat causing her to fall, but does not disclose how it was caught. The evidence also disclosed that there were numerous mats of this same type in the community; that plaintiff had a similar mat, and was familiar with it, and that no one had ever caught her heel in any of the mats in the community insofar as any of the witnesses knew or had heard. The plaintiff testified that she had handled the mat at her house which was identical to the mat on which she fell, except for its color, and that she knew of the presence of the mat on the defendant's premises and had walked across it a number of times previously and at the time of her injury knew it was there and looked at it before she stepped on it and did not see anything wrong with it. One of the witnesses testified that: 'Looking at that mat and looking at these shoes, and having heard the plaintiff testify that her heel became lodged in this mat like that (indicating), as to whether or not I see how that could reasonably happen; well, yes, I see how it could happen.' The defendant, himself, testified that, The mat, plaintiff's shoes and pictures of the mat were in evidence and with the jury in their deliberations. The jury returned a verdict for the plaintiff. The trial judge sustained a motion for judgment notwithstanding the verdict under Code § 110-113 and overruled the defendant's motion for a new trial. Plaintiff brings the case to this court upon bill of exceptions to the grant of the judgment for defendant notwithstanding the verdict for the plaintiff, and the defendant, by crossbill of exceptions, complains of the overruling of his motion for new trial.
1. Where the owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries occasioned by his failure to exercise ordinary care in keeping the premises and approaches safe. Atlanta Cotton-Seed Oil Mills v. Coffey, 80 Ga. 145, 148, 4 S.E. 759. Code § 105-401. Howerdd v. Whitaker, 87 Ga.App. 850, 857, 75 S.E.2d 572, 576.
2. 'The actual...
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