Summary Judgment in Premises Liability Defense Survives Appeal
On November 4, 2013, the Court of Appeals upheld a motion for summary judgment obtained by Heather Miller on behalf of her client, a local shopping mall. Plaintiff had alleged that she tripped and fell while walking her dog in a grassy area near a parking lot. Defendants argued that Plaintiff voluntarily ventured from a designated route of travel, thereby assuming the risk of her fall. A DeKalb County judge granted Defendants’ motion, adopting all arguments set forth in Defendants’ brief. Plaintiff appealed the trial court’s decision. The Court of Appeals, with Judge Ellington presiding, upheld the grant of motion for summary judgment.