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.