Sacker v. Perry Realty Services, Inc. (1995)

In light of this rule, a condominium association generally “ha[s] a duty to exercise ordinary care to protect [invitees] from unreasonable risks of which it ha[s] superior knowledge.”8 “With regard to potential criminal attacks by third parties, the landowner is not the insurer of the invitee’s 7 In addition to briefs from the appellant and the appellee, the Court has received an amicus brief from Community Associations Institute and an “other party” brief from Community Man…

Ass’n, Inc., 819 A.2d 844, 854 (Conn. App. Ct. 2003); Sacker v. Perry Realty Services, Inc., 457 S.E.2d 208, 210 (Ga. Ct. App. 1995).

See also T & M Investments v. Jackson, 206 Ga.App. 218 , 425 S.E.2d 300, 303 (1992) (finding that Plaintiff mall security guard was an invitee of Defendant mall shop proprietor because Defendant befitted from security services provided by Plaintiff); Sacker v. Perry Realty Services, 217 Ga.App. 300 , 457 S.E.2d 208, 210 (1995) (holding that Plaintiff condominium owner was an invitee of Defendant condominium association and management company with respect to the condominium's…

Auth. v. Martinez, 204 Ga. App. at 842-843 (when neither plaintiff nor defendant was aware of bumps in the asphalt parking lot that caused plaintiff to trip and fall, plaintiff could not establish defendant’s superior knowledge); cf. Sacker v. Perry Realty Svcs., 217 Ga. App. 300, 301-302 ( 457 SE2d 208 ) (1995) (plaintiff tripped over a displaced railroad tie while walking in a dark parking lot; even though plaintiff knew that it was too dark to see properly, the trial cour…

“It is a plaintiff’s knowledge of the specific hazard which precipitates the slip and fall which is determinative, not merely [her] knowledge of the generally prevailing hazardous conditions or of the hazardous conditions which [she] observes and avoids.” (Citation, punctuation and emphasis Omitted.) Sacker v. Perry Realty Svcs., 217 Ga. App. 300, 302 ( 457 SE2d 208 ) (1995) (whole court) (fact that plaintiff avoided tripping over railroad ties in daylight does not import kn…

Lau’s Corp. v. Haskins, 261 Ga. 491 ( 405 SE2d 474 ) (1991). 2 OCGA § 51-11-7. 3 OCGA § 51-3-1. 4 268 Ga. 735, 748-749 (2) (b) ( 493 SE2d 403 ) (1997). 5 Id. at 748 (2) (b). 6 See Evans v. Mathis Funeral Home, 996 F2d 266, 270 (II) (B) (2) (11th Cir. 1993). 7 Sacker v. Perry Realty Svcs., 217 Ga. App. 300, 302 ( 457 SE2d 208 ) (1995) (whole court) (fact that plaintiff avoided tripping over railroad ties in daylight does not import knowledge of dangerous condition caused at n…

Unlike Jackson v. Camilla Trading Post, 218 Ga. App. 164, 167 ( 460 SE2d 849 ) (1995) and Flood v. Camp Oil Co., 201 Ga. App. 451, 453 ( 411 SE2d 348 ) (1991), this case does not turn on the failure of defendant to inspect in accordance with the applicable routine procedure nor is this a case in which there is any question that the Hospital altered the area in which the slip and fall occurred after the fact as in Jackson, supra. Neither does it involve a genuine issue of mat…

The operative facts of this case are distinguishable from Sacker v. Perry Realty Svcs., 217 Ga. App. 300, 302 ( 457 SE2d 208 ), where plaintiff, although looking toward the ground, was prevented by darkness from seeing the ground in front of her. 3.

See also Sacker v. Perry Realty Svcs., 217 Ga. App. 300, 301-302 ( 457 SE2d 208 ) (1995); Union Camp Corp. v. Dukes, 217 Ga. App. 95, 97 ( 456 SE2d 645 ) (1995). (b) The hospital next contends that Harris cannot recover because he could have easily avoided the pallets altogether if he had taken the safe designated route into the hospital, namely, the set of stairs leading directly from the loading bay into the hospital receiving area.

See also Sacker v. Perry Realty Svcs., 217 Ga. App. 300, 301 ( 457 SE2d 208 ) (1995); Kreiss v. Allatoona Landing, 108 Ga. App. 427 (2) (a) ( 133 SE2d 602 ) (1963).