Playground Burn Case Emphasizes the Importance of Expert Testimony

Holly and Craig Stern sued the Tifton Chick-Fil-A franchisee (“the CFA”) for negligence over the claim that their son was injured on the restaurant’s playground. The trial court, prior to trial, excluded the parents’ causation expert and granted summary judgment to the CFA. On August 20, 2020, the Georgia Court of Appeals affirmed. (https://cases.justia.com/georgia/court-of-appeals/2020-a20a1261.pdf?ts=1597936098). The facts of the case are that while the child was playing on the playground shoeless (as instructed by a sign at the playground), he received bad burns on the bottoms of his feet. The Sterns hired an expert doctor of biochemistry who opined that a sanitizer sprayed onto the p

Georgia Court of Appeals Reaffirms Superior Knowledge Requirement in Violent Act Premises Case

In ABH Corporation v. Montgomery, Case No. A20A0854 (9/17/2020), the Court reviewed the trial court’s denial of a motion for summary judgment by the defendants. Montgomery had filed suit after being attacked outside of a gas station and convenience store. Looking at the facts in the light most favorable to the plaintiff, the Court nonetheless found: So viewed, the record shows that Montgomery lived near the store and worked at the barber shop in the shopping center in which the store was located. Montgomery deposed that he had lived in the area for 15 years and was familiar with “the clientele and individuals in the area.” Montgomery further deposed that the store was located in a dangerous

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