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Jason W. Hammer and Elizabeth K. Lowrey recently obtained summary judgment for their national grocery store chain client in the State Court of DeKalb County. The ruling was subsequently affirmed by the Georgia Court of Appeals. The case arose out of an alleged trip and fall at a grocery store. Plaintiff alleged she tripped over a hazardous metal plate affixed to the floor, resulting in a fractured wrist and knee injury. On summary judgment, Mr. Hammer and Ms. Lowrey argued 1) the metal plate did not constitute a hazard, and 2) even if it was a hazard, the metal plate was an open and obvious static condition that could not be considered actionable under Georgia law. The trial court agreed on both arguments, granting summary judgment in the store’s favor. Plaintiff appealed, arguing the height difference between the metal plate and floor was not readily discernible, thus creating a jury issue. The Court of Appeals rejected this argument, affirming the trial court’s grant of summary judgment on the grounds that Plaintiff failed to establish a hazard existed (A18A1925).

Jason W. Hammer is a partner with the law firm of Lueder, Larkin & Hunter, LLC in Atlanta, Georgia, where he practices primarily in general liability litigation, including everything from basic car wrecks to complex wrongful death cases. Jason can be reached at jhammer@luederlaw.com.

Elizabeth K. Lowrey is an associate in the Buckhead office of Lueder, Larkin & Hunter where her practice focuses on general liability defense and litigation.  Elizabeth can be reached at elowrey@luederlaw.com.