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8 Georgia opinions name it 1 courts 1960–2019 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bastien v. Metropolitan Park Lake Associates, L.P.green2 sentences2019So even though a tenant may have equal knowledge of an obvious defect, "that is not necessarily a bar to recovery when the defect is in violation of a duty created by applicable statute or administrative regulation." Id. 1995Relying on Thompson v. Crownover, 259 Ga. 126 , 381 S.E.2d 283 (1989) and Bastien v. Metropolitan Park Lake Assoc., 209 Ga.App. 881 , 434 S.E.2d 736 (1993) (applying Thompson, supra), the majority states that "the fact that a defect is obvious does not necessarily bar recovery when the defect is in violation of a duty created by a statute or administrative regulation." Majority, p. 329. | 1 | 2 |
Spencer v. Little Brownie Properties, Inc.green2 sentences1995Then, citing Spencer v. Little Brownie Properties, 203 Ga.App. 324, 325 , 416 S.E.2d 851 (1992), the majority concludes that, despite Jaffs' admission that the defect was plainly visible, a jury question remains as to Watts' liability. 1995Then, citing Spencer v. Little Brownie Properties, 203 Ga.App. 324, 325 , 416 S.E.2d 851 (1992), the majority concludes that, despite Jaffs' admission that the defect was plainly visible, a jury question remains as to Watts' liability. | 1 | 1 |
Commerce Properties, Inc. v. Linthicumgreen2 sentences1995Bastien v. Metropolitan Park Lake Assoc., 209 Ga.App. 881, 882 , 434 S.E.2d 736 (1993); Commerce Properties v. Linthicum, 209 Ga. App. 853, 854 (2), 434 S.E.2d 769 (1993). 1995Bastien v. Metropolitan Park Lake Assoc., 209 Ga.App. 881, 882 , 434 S.E.2d 736 (1993); Commerce Properties v. Linthicum, 209 Ga. App. 853, 854 (2), 434 S.E.2d 769 (1993). | 1 | 1 |
Sutton v. Suttongreen2 sentences1984Colonial Stores v. Donovan, 115 Ga. App. 330 ( 154 SE2d 659 ); Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Simpson v. Dotson, 133 Ga. App. 120 (1) ( 210 SE2d 240 ); Hill v. Economy Drug Store, 143 Ga. App. 628 , supra; Sutton v. Sutton, 145 Ga. App. 22, 26 ( 243 SE2d 310 ); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 156 , supra. It cannot be said as a matter of law that the defendant exercised ordinary care in inspecting the premises and not observing the alleged defect, and if they should have observed it, in not rectifying the defect or warning the plaintiff of its existenc 1984Colonial Stores v. Donovan, 115 Ga. App. 330 ( 154 SE2d 659 ); Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Simpson v. Dotson, 133 Ga. App. 120 (1) ( 210 SE2d 240 ); Hill v. Economy Drug Store, 143 Ga. App. 628 , supra; Sutton v. Sutton, 145 Ga. App. 22, 26 ( 243 SE2d 310 ); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 156 , supra. It cannot be said as a matter of law that the defendant exercised ordinary care in inspecting the premises and not observing the alleged defect, and if they should have observed it, in not rectifying the defect or warning the plaintiff of its existenc | 1 | 1 |
Burch v. Crown Laundrygreen2 sentences1962The entire omission from the petition of a prayer for process is an amendable defect (Burch v. Crown Laundry, 78 Ga. App. 421, 424 (3), 50 SE2d 768 ), but appearance and pleading to the merits without raising by special plea this defect is a waiver thereof. 1962The entire omission from the petition of a prayer for process is an amendable defect (Burch v. Crown Laundry, 78 Ga. App. 421, 424 (3), 50 SE2d 768 ), but appearance and pleading to the merits without raising by special plea this defect is a waiver thereof. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Thompson v. Crownover
green
2 sentences2003Thus, the fourth justice in the four justice majority found that, despite evidence the defect was a building code violation, the tenant’s knowledge of the defect would bar her recovery under the “patent defect” rule, but for the “necessity rule.” Id. 1995Relying on Thompson v. Crownover, 259 Ga. 126 , 381 S.E.2d 283 (1989) and Bastien v. Metropolitan Park Lake Assoc., 209 Ga.App. 881 , 434 S.E.2d 736 (1993) (applying Thompson, supra), the majority states that "the fact that a defect is obvious does not necessarily bar recovery when the defect is in violation of a duty created by a statute or administrative regulation." Majority, p. 329. | 2 | 1995–2003 |
Watts v. Jaffs
green
2 sentences2019In such cases, "our courts have come to recognize a state policy of prevention of unsafe residential housing, holding landlords liable in tort for failure to correct conditions that exist in violation of the duties created by the housing codes and other legislation." Watts v. Jaffs , 216 Ga. App. 565 , 566, 455 S.E.2d 328 (1995). 2019In such cases, "our courts have come to recognize a state policy of prevention of unsafe residential housing, holding landlords liable in tort for failure to correct conditions that exist in violation of the duties created by the housing codes and other legislation." Watts v. Jaffs , 216 Ga. App. 565 , 566, 455 S.E.2d 328 (1995). | 1 | 2019–2019 |
Church's Fried Chicken, Inc. v. Lewis
green
1 sentence1984Colonial Stores v. Donovan, 115 Ga. App. 330 ( 154 SE2d 659 ); Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Simpson v. Dotson, 133 Ga. App. 120 (1) ( 210 SE2d 240 ); Hill v. Economy Drug Store, 143 Ga. App. 628 , supra; Sutton v. Sutton, 145 Ga. App. 22, 26 ( 243 SE2d 310 ); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 156 , supra. It cannot be said as a matter of law that the defendant exercised ordinary care in inspecting the premises and not observing the alleged defect, and if they should have observed it, in not rectifying the defect or warning the plaintiff of its existenc | 1 | 1984–1984 |
Colonial Stores, Inc. v. Donovan
green
2 sentences1984Colonial Stores v. Donovan, 115 Ga. App. 330 ( 154 SE2d 659 ); Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Simpson v. Dotson, 133 Ga. App. 120 (1) ( 210 SE2d 240 ); Hill v. Economy Drug Store, 143 Ga. App. 628 , supra; Sutton v. Sutton, 145 Ga. App. 22, 26 ( 243 SE2d 310 ); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 156 , supra. It cannot be said as a matter of law that the defendant exercised ordinary care in inspecting the premises and not observing the alleged defect, and if they should have observed it, in not rectifying the defect or warning the plaintiff of its existenc 1984Colonial Stores v. Donovan, 115 Ga. App. 330 ( 154 SE2d 659 ); Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Simpson v. Dotson, 133 Ga. App. 120 (1) ( 210 SE2d 240 ); Hill v. Economy Drug Store, 143 Ga. App. 628 , supra; Sutton v. Sutton, 145 Ga. App. 22, 26 ( 243 SE2d 310 ); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 156 , supra. It cannot be said as a matter of law that the defendant exercised ordinary care in inspecting the premises and not observing the alleged defect, and if they should have observed it, in not rectifying the defect or warning the plaintiff of its existenc | 1 | 1984–1984 |
Hill v. Economy Drug Store
green
1 sentence1984Colonial Stores v. Donovan, 115 Ga. App. 330 ( 154 SE2d 659 ); Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Simpson v. Dotson, 133 Ga. App. 120 (1) ( 210 SE2d 240 ); Hill v. Economy Drug Store, 143 Ga. App. 628 , supra; Sutton v. Sutton, 145 Ga. App. 22, 26 ( 243 SE2d 310 ); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 156 , supra. It cannot be said as a matter of law that the defendant exercised ordinary care in inspecting the premises and not observing the alleged defect, and if they should have observed it, in not rectifying the defect or warning the plaintiff of its existenc | 1 | 1984–1984 |
Simpson v. Dotson
green
2 sentences1984Colonial Stores v. Donovan, 115 Ga. App. 330 ( 154 SE2d 659 ); Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Simpson v. Dotson, 133 Ga. App. 120 (1) ( 210 SE2d 240 ); Hill v. Economy Drug Store, 143 Ga. App. 628 , supra; Sutton v. Sutton, 145 Ga. App. 22, 26 ( 243 SE2d 310 ); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 156 , supra. It cannot be said as a matter of law that the defendant exercised ordinary care in inspecting the premises and not observing the alleged defect, and if they should have observed it, in not rectifying the defect or warning the plaintiff of its existenc 1984Colonial Stores v. Donovan, 115 Ga. App. 330 ( 154 SE2d 659 ); Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Simpson v. Dotson, 133 Ga. App. 120 (1) ( 210 SE2d 240 ); Hill v. Economy Drug Store, 143 Ga. App. 628 , supra; Sutton v. Sutton, 145 Ga. App. 22, 26 ( 243 SE2d 310 ); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 156 , supra. It cannot be said as a matter of law that the defendant exercised ordinary care in inspecting the premises and not observing the alleged defect, and if they should have observed it, in not rectifying the defect or warning the plaintiff of its existenc | 1 | 1984–1984 |
Stukes v. Trowell
green
2 sentences1984Colonial Stores v. Donovan, 115 Ga. App. 330 ( 154 SE2d 659 ); Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Simpson v. Dotson, 133 Ga. App. 120 (1) ( 210 SE2d 240 ); Hill v. Economy Drug Store, 143 Ga. App. 628 , supra; Sutton v. Sutton, 145 Ga. App. 22, 26 ( 243 SE2d 310 ); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 156 , supra. It cannot be said as a matter of law that the defendant exercised ordinary care in inspecting the premises and not observing the alleged defect, and if they should have observed it, in not rectifying the defect or warning the plaintiff of its existenc 1984Colonial Stores v. Donovan, 115 Ga. App. 330 ( 154 SE2d 659 ); Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Simpson v. Dotson, 133 Ga. App. 120 (1) ( 210 SE2d 240 ); Hill v. Economy Drug Store, 143 Ga. App. 628 , supra; Sutton v. Sutton, 145 Ga. App. 22, 26 ( 243 SE2d 310 ); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 156 , supra. It cannot be said as a matter of law that the defendant exercised ordinary care in inspecting the premises and not observing the alleged defect, and if they should have observed it, in not rectifying the defect or warning the plaintiff of its existenc | 1 | 1984–1984 |
Center Chemical Co. v. Parzini
green
1 sentence1982The trial court was also aware of plaintiffs written request to charge that in order for the plaintiff to recover against the defendant Deere & Company the evidence must show that such injuries or damages were proximately caused by a defect in the said tractor in question and existed at the time the tractor left the manufacturer’s possession and control based upon Center Chemical Co. v. Parzini, 234 Ga. 868 , supra. Certainly the court was aware of the request to charge, that is, that the plaintiffs failure to discover the defect or to guard against the possible existence of the defect would b | 1 | 1982–1982 |
Parzini v. Center Chemical Co.
green
2 sentences1982The trial court was also aware of plaintiffs written request to charge that in order for the plaintiff to recover against the defendant Deere & Company the evidence must show that such injuries or damages were proximately caused by a defect in the said tractor in question and existed at the time the tractor left the manufacturer’s possession and control based upon Center Chemical Co. v. Parzini, 234 Ga. 868 , supra. Certainly the court was aware of the request to charge, that is, that the plaintiffs failure to discover the defect or to guard against the possible existence of the defect would b 1982The trial court was also aware of plaintiffs written request to charge that in order for the plaintiff to recover against the defendant Deere & Company the evidence must show that such injuries or damages were proximately caused by a defect in the said tractor in question and existed at the time the tractor left the manufacturer’s possession and control based upon Center Chemical Co. v. Parzini, 234 Ga. 868 , supra. Certainly the court was aware of the request to charge, that is, that the plaintiffs failure to discover the defect or to guard against the possible existence of the defect would b | 1 | 1982–1982 |
Dempsey v. City of Rome
green
2 sentences1964Even prior knowledge on the part of the plaintiff of the existence of the defect will not bar a recovery.” See also Dempsey v. City of Rome, 94 Ga. 420 ( 20 SE 335 ); Heath v. Louisville &c. 1964Even prior knowledge on the part of the plaintiff of the existence of the defect will not bar a recovery.” See also Dempsey v. City of Rome, 94 Ga. 420 ( 20 SE 335 ); Heath v. Louisville &c. | 1 | 1964–1964 |
Loudermilk v. Bailey
neutral
1 sentence1962Loudermilk v. Bailey, 159 Ga. 514 ( 126 SE 373 ). *90 Likewise, appearance and pleading to the merits is a waiver of the absence of process itself. | 1 | 1962–1962 |
Kelley v. Collins & Glennville Railroad
neutral
1 sentence1962Loudermilk v. Bailey, 159 Ga. 514 ( 126 SE 373 ). *90 Likewise, appearance and pleading to the merits is a waiver of the absence of process itself. | 1 | 1962–1962 |
City of Rome v. Gordon
green
1 sentence1960City of Silvertown v. Harcourt, 51 Ga. App. 160 ( 179 S. E. 772 ).” City of Rome v. Gordon, 53 Ga. App. 536 (2), supra. Even prior knowledge on the part of the plaintiff of the existence of the defect will not bar a recovery. | 1 | 1960–1960 |
City of Silvertown v. Harcourt
green
2 sentences1960City of Silvertown v. Harcourt, 51 Ga. App. 160 ( 179 S. E. 772 ).” City of Rome v. Gordon, 53 Ga. App. 536 (2), supra. Even prior knowledge on the part of the plaintiff of the existence of the defect will not bar a recovery. 1960City of Silvertown v. Harcourt, 51 Ga. App. 160 ( 179 S. E. 772 ).” City of Rome v. Gordon, 53 Ga. App. 536 (2), supra. Even prior knowledge on the part of the plaintiff of the existence of the defect will not bar a recovery. | 1 | 1960–1960 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.