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164 Ga. App. 501

Bennett v. Zaban

Court of Appeals of Georgia

Decided November 5, 1982

Court of Appeals of Georgia · decided 1982-11-05

Relies on Alterman Foods, Inc. v. Ligon

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-05

How this case has been cited

Cited by 13 later decisions — most recently November 2005

13 state decisions

60198219902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Shulman, Presiding Judge.

¶1Appellant fell from a ladder while working on the exterior of appellee Zaban’s house. Alleging that his fall and the consequent injuries resulted from Zaban’s negligence in leaving oil or some other slippery substance where appellant could step in it, appellant brought this suit. This appeal is from the grant of summary judgment to Zaban.

¶2Appellant testified on deposition that he saw spots of what he thought were oil on the driveway of Zaban’s house on the day of the accident, but that he did not know whether anyone else saw them. That testimony, which showed that appellant was as aware of the oil as anyone else, demanded summary judgment for Zaban.

¶3“ [I]n order to state a cause of action in a case where the plaintiff alleges that due to an act of negligence by the defendant he slipped ¿nd fell on a foreign substance on the defendant’s floor, the plaintiff must show (1) that the defendant had actual or constructive knowledge of the foreign substance and (2) that the plaintiff was without knowledge of the substance or for some reason attributable to the defendant was prevented from discovering the foreign substance.” Alterman Foods, Inc. v. Ligon, 246 Ga. 620, 623 (272 SE2d 327).

¶4Judgment affirmed.

Quillian, C. J., and Carley, J., concur.
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