Georgia Court of Appeals

Nadine Stephens v. Kmart Corporation

A15A2211 March 22, 2016 Reversed

Automated case summary

What the court decided

The Georgia Court of Appeals reversed the trial court's grant of summary judgment because there remained disputed material facts regarding whether Kmart’s merchandise display obstructed a customer's view of the curb. The Georgia Court of Appeals held that issues concerning premises liability and ordinary care are not always susceptible to summary adjudication, requiring a determination of whether the evidence is plain and undisputed.