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Wilson Elser Obtains Summary Judgment in a Wrongful Death Premises Liability Case

October 3, 2022
Tawana Johnson (Of Counsel-Atlanta) obtained summary judgment in the State Court of Fulton County, Georgia in a wrongful death premises liability case against Wilson Elser’s client, an assisted living facility. The plaintiff and her elderly husband were walking in the facility’s parking lot when he tripped on an uneven joint between the concrete and asphalt, sustaining fatal injuries and dying six days later. The plaintiff’s allegations include ADA and building code violations, premises liability, negligence per se, negligent training and liability of the facility’s Executive Director. The plaintiff’s expert testified that the uneven joint was level when constructed but had settled over time and that while the joint is visible, the height difference is not readily discernible. In granting summary judgment, the court held the plaintiff’s pleadings were conclusory and failed to establish our client had superior knowledge of the alleged defect. The court also held the alleged defect was an indiscernible static condition and dismissed all claims against Wilson Elser’s clients.

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