Taylor v. Citizens Bank, 75738

Decision Date28 January 1988
Docket NumberNo. 75738,75738
Citation365 S.E.2d 511,185 Ga.App. 667
CourtGeorgia Court of Appeals

Charles W. Smith, Jr., Gainesville, for appellant.

Weymon H. Forrester, Gainesville, for appellee.

BANKE, Presiding Judge.

Edward Taylor brought suit against The Citizens Bank to recover for injuries which he allegedly sustained when he slipped and fell on an icy sidewalk located on the bank's premises. He brings this appeal from a judgment entered on a jury verdict in favor of the bank.

The evidence showed that on the day in question two employees of the bank had cleared a mixture of snow and ice from the sidewalk, which led to the bank's entrance from the parking lot. The appellant testified that he had successfully negotiated the sidewalk on his way into the bank but that upon his return to the parking lot he slipped and fell on a patch of ice which was not visible unless a person "stooped down" and viewed it from a particular angle. Held:

1. The appellant enumerates as error the trial court's charge on the doctrine of assumption of risk, contending that there was no evidence to suggest that he had been aware of the specific hazard which precipitated his fall. However, the appellant's own testimony at trial established that he had in fact been aware of the general presence of ice, snow, and slush on the ground and had also been aware of the freezing temperature. Consequently, we find this enumeration of error to be without merit. See Telligman v. Monumental Properties, 172 Ga.App. 783, 323 S.E.2d 888 (1984).

2. The appellant complains of the trial court's failure to give his requested charge concerning an owner's duty to invitees with respect to the removal of hazardous conditions. The record reflects that the jury was adequately instructed on the basic principles at issue. Consequently, this enumeration is also without merit.

3. In his third and fourth enumerations of error, the appellant contends that the verdict and judgment were contrary to the evidence. "The role of the appellate court is not to pass on the weight of the evidence but the sufficiency." Bone Constr. Co. v. Lewis, 148 Ga.App. 61, 62, 250 S.E.2d 851 (1978). As previously indicated, there was evidence that the appellant had been cognizant of the presence of ice and snow on the ground prior to his fall and that he had also been aware that the outside temperature was at or below freezing. Moreover, it was shown that the appellant had traversed the...

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2 cases
  • Henderson v. LOWE'S HOME CENTERS, INC.
    • United States
    • Georgia Court of Appeals
    • 11 September 1998
    ...ice on the sidewalk, knew the temperature was "around freezing" and knew the area looked wet. Similarly, in Taylor v. Citizens Bank, 185 Ga.App. 667, 668(1), 365 S.E.2d 511 (1988), we held that an assumption of risk charge was authorized where the plaintiff knew of the general presence of i......
  • Bass v. State
    • United States
    • Georgia Court of Appeals
    • 28 January 1988

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