WITT v. BEN CARTER PROPERTIES, LLC

No. A09A2137.

692 S.E.2d 749 (2010)

WITT et al. v. BEN CARTER PROPERTIES, LLC et al.

Court of Appeals of Georgia.

March 24, 2010.


Attorney(s) appearing for the Case

Bennett & Casto, Paul R. Bennett, Columbus, for Appellants.

Chambless, Higdon, Richardson, Katz & Griggs, Mary M. Katz, Macon, Richard A. Marchetti, Columbus, for Appellees.


BARNES, Judge.

Kay and Marvin Witt appeal the trial court's grant of summary judgment to the defendants in this premises liability case based upon a hidden defect. The Witts contend that a trier of fact could conclude that the defendants had constructive knowledge of the defect. Because the undisputed evidence in the record shows otherwise, we affirm.

We review de novo a trial court's grant of summary judgment, viewing the evidence in the light most favorable...

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