Court of Appeals Upholds Bolton Standard of “Superior Knowledge” In Premises Suits
Brandon Montgomery was allegedly attacked outside of a gas station owned by ABH. Montgomery lived near the shopping center where the gas station was located for at least 15 years, was familiar with the people in the area, and knew that the gas station was in a dangerous area. On August 22, 2015, Montgomery went to the station to buy snacks and was met with a man in front of the store asking for money. Montgomery declined and went into the store to purchase his snacks. Whe
Knowledge of Trip and Fall may not Support Sanctions/Constitute Notice of Potential Litigation
Following review of the grant of a motion for spoliation sanctions, the Court of Appeals found that the trial court abused its discretion in finding that Creek House Seafood & Grill, LLC (“Creek House”) failed to preserve video evidence of a customer’s fall. Creek House Seafood & Grill, LLC v. Provatas, A20A1631, 2021 WL 837083, at *1 (Ga. Ct. App. Mar. 5, 2021). The Court also found that the penalty imposed by the trial court was too harsh. In early 2017, Creek House began o