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Williams v. EMRO Marketing Company

Georgia Court of Appeals

494 S.E.2d 218 (1997)

Facts

Nathaniel Williams (plaintiff) stopped for gas at a store owned by EMRO Marketing Company (EMRO) (defendant). It was a cold day, with temperatures at or below freezing, and it had rained the day before. Williams went inside the store to pay and then returned to his car to pump gas. When Williams got back, he slipped and fell. Williams did not see what caused him to fall, but he remembered feeling a slick surface. Gregory Perkins, a regular EMRO customer, helped Williams up and noticed that water had fallen down a nearby downspout, pooled, and frozen in the area where Williams fell. Perkins noticed ice cubes hanging over where Williams fell, and after he helped Williams up, he picked up a large chunk of ice. Perkins had noticed that this area often became icy in his previous visits to EMRO due to the downspout. Williams and his wife sued EMRO for negligence, and the trial court granted summary judgment in favor of EMRO. Williams appealed.

Rule of Law

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Issue

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Holding and Reasoning (Beasley, J.)

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Concurrence (Ruffin, J.)

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Dissent (Banke, J.)

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