Christensen v. Overseas Partners Capital, Inc., 549 S.E.2d 784 (Ga. Ct. App. 2001). · Go Syfert
Christensen v. Overseas Partners Capital, Inc., 549 S.E.2d 784 (Ga. Ct. App. 2001). Cases Citing This Book View Copy Cite
83 citation events (83 in the last 25 years) across 5 distinct courts.
Strongest positive: Tara Wells v. Khan Shell, LLC (gactapp, 2025-11-19)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) Tara Wells v. Khan Shell, LLC
Ga. Ct. App. · 2025 · confidence medium
Compare Landrum v. Enmark Stations, 310 Ga. App. 161, 165 (2) ( 712 SE2d 585 ) (2011) (questions of fact remained as to whether plaintiff should have seen uneven crack in pavement where she testified that shading and coloring of the pavement made the crack blend into the surface of the parking lot); Rutherford v. Revco Discount Drug Centers, 301 Ga. App. 702, 704 ( 689 SE2d 59 ) (2009) (given plaintiff’s obstructed view and evidence that steepness of ramp on which she fell was not readily discernible, questions of fact remained as to whether plaintiff had knowledge of the hazard); Cocklin v.…
discussed Cited as authority (rule) Tonia Broadnax v. SSF Imported Auto Parts LLC
11th Cir. · 2024 · confidence medium
Thus, “proof of a fall, without more, does not give rise to liability on the part of a proprietor.” Emory Univ. v. Smith, 581 S.E.2d 405, 406 (Ga. Ct. App. 2003) (quot- ing Christensen v. Overseas Partners Cap., Inc., 549 S.E.2d 784, 785 (Ga. Ct. App. 2001)).
discussed Cited as authority (rule) PATTI PENNINGTON v. BRIDGE SENIOR LIVING, LLC
Ga. Ct. App. · 2023 · confidence medium
See, e.g., Landrum v. Enmark Stations, 310 Ga. App. 161, 165 (2) ( 712 SE2d 585 ) (2011) (reversing summary judgment where a gas station patron tripped over “an uneven crack in the surface of the paved parking lot”); Brewer v. Atlanta South 75, 288 Ga. App. 809, 810 ( 655 SE2d 631 ) (2007) (reversing summary judgment where a truck stop customer tripped over a height differential at a fuel island because the defendant “produced no evidence to disprove [the plaintiff’s] testimony that his properly parked truck prevented him from seeing the height differential”); Christensen v. Overseas…
discussed Cited as authority (rule) Morris v. Wal-Mart Stores East, LP
S.D. Ga. · 2021 · confidence medium
An owner or occupier’s “[f]ailure to discover [a] defect through the exercise of reasonable care in inspecting the premises gives rise to constructive knowledge where the owner or occupier had an opportunity to discover the dangerous condition and to remedy it.” Christensen v. Overseas Partners Cap., Inc., 549 S.E.2d 784, 786 (Ga. Ct. App. 2001) (quoting CFUS Props. v. Thornton, 539 S.E.2d 571, 574 (Ga. Ct. App. 2000)).
discussed Cited as authority (rule) SIMON v. MURPHY Et Al.
Ga. Ct. App. · 2019 · confidence medium
Although Simon was not looking down directly at her steps, "an invitee need not look continuously at the ground for defects because the invitee is entitled to assume that the owner/occupier has exercised reasonable care to make the premises safe." (Citation and punctuation omitted.) Christensen , supra, 249 Ga. App. at 829 (2), 549 S.E.2d 784 . *296 Given the record before us, including the photographic evidence of the damaged crossbar, "the extent to which [Simon's] conduct contributed to [her] fall, if at all, is certainly not plain, palpable, and undisputable, rendering this issue inappropr…
discussed Cited as authority (rule) Joe Enterprise, LLC v. Kane
Ga. Ct. App. · 2017 · confidence medium
We noted that the height differential in that ramp was “not noticeable” on entering that building, such that we “[could] not conclude as a matter of law that [the plaintiff] negotiated the allegedly dangerous condition on her way up the ramp.” Id. at 829 (2).
discussed Cited as authority (rule) Stephens v. Kmart Corporation
Ga. Ct. App. · 2016 · confidence medium
Thus, “an invitee need not look continuously at the ground for defects because the invitee is entitled to assume that the owner/occupier has exercised reasonable care to make the premises safe.” (Punctuation and footnote omitted.) Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 830 (2) ( 549 SE2d 784 ) (2001).
discussed Cited as authority (rule) Donna B. Pinder v. H&H Food Services, L.L.C., D/B/A Kentucky Fried Chicken (2×)
Ga. Ct. App. · 2014 · confidence medium
See Myers v. Harris, 257 Ga. App. 286, 287-288 (1) ( 570 SE2d 600 ) (2002); Christensen v. Overseas Partners Capital, Inc., 249 Ga. App. 827, 829-830 (2) ( 549 SE2d 784 ) (2001); Shackelford v. DeKalb Farmer’s Market, Inc., 180 Ga. App. 348, 351 (2) ( 349 SE2d 241 ) (1986). 18 involved); Myers v. Harris, 257 Ga. App. 286, 287-288 (1) ( 570 SE2d 600 ) (2002) (reversing summary judgment where plaintiff testified that furniture in showroom camouflaged the fact floor dropped off onto the ramp below, even where plaintiff had previously negotiated the ramp up to the raised floor); Christensen v. O…
discussed Cited as authority (rule) Pinder v. H & H Food Services, LLC (2×)
Ga. Ct. App. · 2014 · confidence medium
See Hagadorn, 267 Ga. App. at 146-147 (reversing grant of summary judgment where plaintiff testified that from her vantage point, she could not see that pavement near culvert sloped dramatically and could not appreciate the danger involved); Myers v. Harris, 257 Ga. App. 286, 287-288 (1) ( 570 SE2d 600 ) (2002) (reversing summary judgment where plaintiff testified that furniture in showroom camouflaged the fact floor dropped off onto the ramp below, even where plaintiff had previously negotiated the ramp up to the raised floor); Christensen v. Overseas Partners Capital, Inc., 249 Ga. App. 827,…
discussed Cited as authority (rule) McGarity v. Hart Electric Membership Corp.
Ga. Ct. App. · 2011 · confidence medium
Membership Corp. v. Dalton, 170 Ga. App. 483, 485 ( 317 SE2d 312 ) (1984). 35 See Schuessler, supra at 885 (3). 36 See Hartley, supra at 817 . 37 Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 829 (1) ( 549 SE2d 784 ) (2001). 38 See id. 39 Schuessler, supra at 886-887 (3); Christensen, supra. 40 See generally Howard, supra; Pylant v. Samuels, Inc., 262 Ga. App. 358, 361 (2) ( 585 SE2d 696 ) (2003).
discussed Cited as authority (rule) James v. Sirmans
Ga. Ct. App. · 2009 · confidence medium
Auth. &c., 232 Ga. App. 791, 792-793 ( 504 SE2d 198 ) (1998) (fall resulted from a combination of the slope of the ramp, the fact that the nonskid coating had worn down, and the fact that the ramp was wet). 13 Compare Freyer v. Silver, 234 Ga. App. 243, 244 ( 507 SE2d 7 ) (1998) (invitee “couldn’t see” slant in pavement because it was obscured by a shadow). 14 Compare Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 830 (2) ( 549 SE2d 784 ) (2001) (evidence presented that plaintiff was distracted by pedestrian traffic that prevented her from noticing height gap in parking deck…
discussed Cited as authority (rule) Cocklin v. JC Penney Corp. (2×)
Ga. Ct. App. · 2009 · confidence medium
Johnson, P. J., and Barnes, J., concur. 1 See, e.g., Blocker v. Wal-Mart Stores, 287 Ga. App. 588, 589 ( 651 SE2d 845 ) (2007). 2 Contrary to argument advanced by JC Penney, the expert opinion testimony in this case, as in cases such as Barton v. City of Rome, 271 Ga. App. 858, 860 ( 610 SE2d 566 ) (2005) and Cohen v. Target Corp., 256 Ga. App. 91, 92 ( 567 SE2d 733 ) (2002), was clearly admissible. 3 255 Ga. App. 494, 496-497 (4) ( 565 SE2d 844 ) (2002). 4 244 Ga. App. 187 ( 534 SE2d 556 ) (2000). 5 234 Ga. App. 392 ( 506 SE2d 910 ) (1998). 6 268 Ga. 735 ( 493 SE2d 403 ) (1997). 7 Wood, supra…
examined Cited as authority (rule) Brewer v. ATLANTA SOUTH 75, INC. (5×) also: Cited "see"
Ga. Ct. App. · 2007 · confidence medium
Id. at 828-830 (1), (2).
cited Cited as authority (rule) Sherrod v. TRIPLE PLAY CAFÉ, LLC
Ga. Ct. App. · 2007 · confidence medium
Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 830 (2) ( 549 SE2d 784 ) (2001), upon which Sherrod relies, is distinguishable.
discussed Cited as authority (rule) Ward v. Autry Petroleum Co. (2×)
Ga. Ct. App. · 2006 · confidence medium
Recovery is allowed only when the proprietor had knowledge [of the hazard] and the invitee did not.” (Footnote omitted.) Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 828 ( 549 SE2d 784 ) (2001).
discussed Cited as authority (rule) Bryant v. DIVYA, INC.
Ga. Ct. App. · 2006 · confidence medium
Corp., 226 Ga. App. 459 (1) ( 486 SE2d 684 ) (1997). 2 OCGA§ 51-3-1. 3 Lee v. Food Lion, 243 Ga. App. 819, 820 ( 534 SE2d 507 ) (2000). 4 Pound v. Augusta Nat., 158 Ga. App. 166, 167 ( 279 SE2d 342 ) (1981). 5 Emory Univ. v. Smith, 260 Ga. App. 900, 901 ( 581 SE2d 405 ) (2003). 6 Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 828 ( 549 SE2d 784 ) (2001). 7 Pierce v. Wendy’s Intl., 233 Ga. App. 227, 230 (2) ( 504 SE2d 14 ) (1998). 8 Sudduth v. Young, 260 Ga. App. 56, 58 (1) ( 579 SE2d 7 ) (2003). 9 Mansell v. Starr Enterprises/Texaco, 256 Ga. App. 257, 259 ( 568 SE2d 145 ) (2002…
discussed Cited as authority (rule) Pirkle v. Robson Crossing, LLC
Ga. Ct. App. · 2005 · signal: cf. · confidence medium
Cf. Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 830 (2) ( 549 SE2d 784 ) (2001) (plaintiffs testimony about pedestrian traffic on ramp raised question of fact as to whether, under the circumstances at the time of her fall, her failure to see the height gap between the bottom of the ramp and the parking deck pavement was reasonable).
discussed Cited as authority (rule) Barton v. City of Rome
Ga. Ct. App. · 2005 · confidence medium
Co., 267 Ga. App. 143, 145 ( 598 SE2d 865 ) (2004). 9 (Punctuation and footnote omitted.) Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 829 (2) ( 549 SE2d 784 ) (2001) (evidence that plaintiff tripped on handicapped ramp, bottom of which had sunk below level of parking deck, precluded summary judgment). 10 (Citation omitted.) Freyer, supra at 247 (3). 11 Christensen, supra; Jackson v. Waffle House, 245 Ga. App. 371 ( 537 SE2d 188 ) (2000); Allen v. Roscoe Weston Motels Ga., 220 Ga. App. 402 ( 469 SE2d 492 ) (1996). 12 Supra. 13 (Punctuation and footnotes omitted.) Bossard v. Atla…
discussed Cited as authority (rule) Bonner v. Southern Restaurant Group, Inc.
Ga. Ct. App. · 2005 · confidence medium
Corp., 226 Ga. App. 459 (1) ( 486 SE2d 684 ) (1997). 3 Friday’s asserts in its brief that Marion Hawk is the father of Bonner’s counsel, Victor Hawk. 4 Delk v. QuikTrip Corp., 258 Ga. App. 140, 141 ( 572 SE2d 676 ) (2002). 5 Lake v. Atlanta Landmarks, 257 Ga.App. 195, 196 ( 570 SE2d 638 ) (2002), citing Robinson v. Kroger Co., 268 Ga. 735, 748-749 ( 493 SE2d 403 ) (1997). 6 (Punctuation omitted.) Delk, supra, citing Globe Oil Co. v. DeLong, 182 Ga.App. 395, 396 (1) ( 356 SE2d 47 ) (1987). 7 (Citation and punctuation omitted.) Haley v. Regions Bank, 277 Ga. 85, 89 (1) ( 586 SE2d 633 ) (2003…
discussed Cited as authority (rule) Flagstar Enterprises, Inc. v. Burch
Ga. Ct. App. · 2004 · confidence medium
“The true basis of a proprietor’s liability for personal injury to an invitee is the proprietor’s superior knowledge of a condition that may expose the invitees to an unreasonable risk of harm.” (Citations, punctuation and footnote omitted.) Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 828 ( 549 SE2d 784 ) (2001).
discussed Cited as authority (rule) Caswyck Jsb, LLC v. Crowe
Ga. Ct. App. · 2004 · confidence medium
On appeal, Caswyck characterizes Minton as its “service director.” 6 See Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 829-830 (1), (2) ( 549 SE2d 784 ) (2001) (questions of fact remained regarding the parties’ knowledge of static defect); see also Moore v. WVL Restaurant, 255 Ga. App. 762, 764 ( 566 SE2d 465 ) (2002) *318 (questions of fact remained regarding property owner’s superior knowledge of ice that caused plaintiff’s fall, given fact that plaintiff denied seeing the ice, which “may have been difficult to see”); Anderson v. Turton Dev., 225 Ga. App. 270, 272…
discussed Cited as authority (rule) Delk v. Quiktrip Corp.
Ga. Ct. App. · 2002 · confidence medium
Peters, for appellee. 1 Lau’s Corp. v. Haskins, 261 Ga. 491, 495 (4) ( 405 SE2d 474 ) (1991). 2 Globe Oil Co., USA v. DeLong, 182 Ga. App. 395, 396 (1) ( 356 SE2d 47 ) (1987). 3 Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 829 (2) ( 549 SE2d 784 ) (2001). 4 Yasinsac v. Colonial Oil Properties, 246 Ga. App. 484 ( 541 SE2d 109 ) (2000). 5 Shackelford v. DeKalb Farmer’s Market, 180 Ga. App. 348 ( 349 SE2d 241 ) (1986). 6 Hamilton v. Kentucky Fried Chicken &c., 248 Ga. App. 245 ( 545 SE2d 375 ) (2001). 7 Robinson v. Kroger Co., 268 Ga. 735, 748 ( 493 SE2d 403 ) (1997).
discussed Cited as authority (rule) Ballew v. Summerfield Hotel Corp.
Ga. Ct. App. · 2002 · confidence medium
It was not aware of anyone falling in that location. (b) “We have noted, however, that failure to discover the defect through the exercise of reasonable care in inspecting the premises gives rise to constructive knowledge where the owner or occupier had an opportunity to discover the dangerous condition and to remedy it.” (Punctuation and footnote omitted.) Christensen v. Overseas Partners Capital, 249 Ga. App. 827, 829 (1) ( 549 SE2d 784 ) (2001).
Retrieving the full opinion text from the archive…
CHRISTENSEN
v.
OVERSEAS PARTNERS CAPITAL, INC. Et Al.
A01A0119.
Court of Appeals of Georgia.
Jun 4, 2001.
549 S.E.2d 784
2001 Ga. App. LEXIS 638
Kenneth L. Shigley, for appellant., Webb, Carlock, Copeland, Semler & Stair, Douglas W. Smith, , Nicholas M. Hollander, Goldner, Sommers, Scrudder & Bass, Thomas E. McCarter, for appellees.
Ruffin, Johnson, Ellington.
Cited by 30 opinions  |  Published
Ruffin, Judge.

Lilian Christensen sued Overseas Partners Capital, Inc. (“Overseas Partners”) and Sterling Parking, Inc. (“Sterling”) for damages allegedly sustained when she fell in a parking deck. The trial court granted both defendants’ motions for summary judgment. Christensen appeals, and we reverse.

To prevail on a motion for summary judgment, the movant must demonstrate that no genuine issues of material fact exist and that “the undisputed facts, viewed in the light most favorable to the non-moving party, warrant judgment as a matter of law.” [1] A defendant meets this burden by “showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.” [2] If the defendant discharges its burden, the plaintiff must point to specific evidence giving rise to a triable issue of fact. [3] On appeal, we review the trial court’s summary judgment ruling de novo. [4]

Viewed favorably to Christensen, the evidence shows that, on January 29, 1997, she visited the Atlanta Financial Center to apply for a job. Christensen parked her car in the building’s parking deck, which was owned by Overseas Partners and managed and operated by Sterling. She then walked up a handicap ramp from the parking[*828] deck and entered the office building. [5] When Christensen returned to the parking deck, she walked back down the handicap ramp. At the bottom of the ramp, her foot “got caught on something,” and she fell. Christensen initially thought that she had tripped on a step that she had not seen. She then noticed that the bottom of the handicap ramp was “sunken in” below the parking deck pavement, creating a one and one-half to two-inch height difference between the two surfaces. Christensen determined that she tripped on the uneven pavement at the bottom of the handicap ramp as she tried to step onto the parking deck.

At her deposition, Christensen agreed that she traversed the ramp without incident as she entered the building, but asserted that the “sunken in part” was not noticeable when “coming from the parking deck.” She admitted that the height difference could be seen on the way down the ramp. She testified, however, that she “never saw” the “sunken in” concrete at the bottom of the ramp. Christensen stated: “I did not see it at all. I just walked down [the ramp]. There was [sic] a lot of people up and down, some going up, some going down. I really did not see it. If I had seen it, this would have never happened.” Asked whether anything prevented her from seeing the height gap, Christensen responded: “Not other than maybe the traffic or I didn’t look for it. Of course you don’t look for something like that to be [there].”

In a premises liability case,

proof of a fall, without more, does not give rise to liability on the part of a proprietor. The true basis of a proprietor’s liability for personal injury to an invitee is the proprietor’s superior knowledge of a condition that may expose the invitees to an unreasonable risk of harm. Recovery is allowed only when the proprietor had knowledge and the invitee did not. [6]

The trial court determined that Christensen had equal knowledge of the open and obvious condition caused by the uneven pavement. On appeal, Christensen argues that fact questions remain as to the parties’ relative knowledge and the reasonableness of their actions. We agree.

1. Christensen has pointed to no evidence that Overseas Partners or Sterling actually knew about the height gap at the end of the[*829] handicap ramp. We have noted, however, that “[failure to discover the defect through the exercise of reasonable care in inspecting the premises gives rise to constructive knowledge where the owner or occupier had an opportunity to discover the dangerous condition and to remedy it.” [7] Christensen testified that the bottom of the handicap ramp had “sunk” below the parking deck, creating the height difference. A jury could infer that this concrete gap, a static condition, had existed “for a sufficient time for an inspection to discover it and to remove the danger.” [8] Questions of fact remain, therefore, as to Overseas Partners’ and Sterling’s constructive knowledge of the alleged hazard. [9]

2. The evidence also raises issues of fact regarding Christensen’s knowledge of the allegedly dangerous condition. The record contains no evidence that Christensen had actual knowledge of the uneven joint between the handicap ramp and the parking deck. Christensen clearly testified that she did not see the height difference. [10] She also indicated that, although she walked up the handicap ramp to enter the office building, the alleged defect was not noticeable at that point and did not present a similar hazard because pedestrians could simply walk over the one and one-half to two-inch drop in height. In a static defect case such as this, “when a person has successfully negotiated an alleged dangerous condition on a previous occasion, that person is presumed to have knowledge of it and cannot recover for a subsequent injury resulting therefrom.” [11] Construing the evidence favorably to Christensen, however, we cannot conclude as a matter of law that Christensen negotiated the allegedly dangerous condition on her way up the ramp.

Furthermore, a question of fact remains as to whether Christensen should have known about or seen the “sunken” condition at the[*830] bottom of the ramp. In Robinson v. Kroger Co., [12] our Supreme Court determined that

Decided June 4, 2001 Kenneth L. Shigley, for appellant. Webb, Carlock, Copeland, Semler & Stair, Douglas W. Smith,
an invitee’s failure to exercise ordinary care is not established as a matter of law by the invitee’s admission that he did not look at the site on which he placed his foot or that he could have seen the hazard had he visually examined the floor before taking the step which led to his downfall. Rather, the issue is whether, taking into account all the circumstances existing at the time and place of the fall, the invitee exercised the prudence the ordinarily careful person would use in a like situation. [13]

The Supreme Court thus determined that an invitee need not “look continuously at the [ground] for defects because the invitee is entitled to assume that the owner/occupier has exercised reasonable care to make the premises safe.” [14]

Although Robinson involved a slip and fall on a foreign substance, its analysis applies to static defect cases. [15] In this case, Christensen explained that a number of people were “going up [and] going down” the ramp and she did not see the height difference. As Christensen described, she just “followed the [pedestrian] traffic.” Christensen’s testimony about the pedestrian traffic in the area raises a question of fact as to whether, under the circumstances at the time of the fall, her failure to see the height gap was reasonable. [16] Summary judgment, therefore, was improper.

Judgment reversed.

Johnson, R J., and Ellington, J., concur. [*831] Nicholas M. Hollander, Goldner, Sommers, Scrudder & Bass, Thomas E. McCarter, for appellees.
1

(Punctuation omitted.) Hannah v. Hampton Auto Parts, 234 Ga. App. 392 (506 SE2d 910) (1998).

2

(Punctuation omitted.) Id.

5

There is no evidence that Christensen chose to use the handicap ramp because she was disabled.

6

(Citations and punctuation omitted.) Hannah, supra at 394.

7

CFUS Properties v. Thornton, 246 Ga. App. 75, 76 (1) (539 SE2d 571) (2000).

9

Sterling contends that, under its management agreement with Overseas Partners, it had no duty to inspect the premises or perform structural repairs and thus could not have had constructive knowledge of the alleged hazard. Sterling was obligated, however, to perform routine and preventative maintenance in the parking deck. Furthermore, an owner or occupier of land must “exercise ordinary care in keeping the premises and approaches safe” for invitees. OCGA § 51-3-1. Sterling does not argue that it was not an “owner or occupier” of the parking deck. We cannot determine in this appeal, therefore, that it owed no duty to reasonably inspect the premises for defects.

10

Compare Gray v. Oliver, 242 Ga. App. 533 (530 SE2d 241) (2000) (before her fall, plaintiff saw a curbside culvert in which she slipped and was familiar with this type of culvert); Tanner v. Larango, 232 Ga. App. 599 (502 SE2d 516) (1998) (plaintiff saw mossy area before she tripped on moss-filled gap between sidewalk and parking lot).

11

(Punctuation omitted.) Hannah, supra at 394.

13

Id. at 748 (2) (b).

14

(Punctuation omitted.) Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 749 (2) (527 SE2d 36) (2000).

15

See Freyer v. Silver, 234 Ga. App. 243, 246-247 (3) (507 SE2d 7) (1998) (“Freyer IF). In its order granting summary judgment, the trial court cited a prior decision in Freyer for the proposition that “ ‘[i]t is common knowledge that small cracks, holes and uneven spots often develop in pavement.’ ” See Freyer v. Silver, 227 Ga. App. 253, 256 (2) (488 SE2d 728) (1997) (“Freyer F). In Freyer II, however, we vacated Freyer I and reconsidered our ruling in light of Robinson v. Kroger Co. See Freyer II, supra at 245 (1).

16

See Robinson, supra; see also Freyer II, supra at 247.