Parks K. Stone

Atlanta partner Parks Stone and associate Eleanor Jolley recently secured an appellate victory on behalf of our client, a major retailer, in a premises liability case.  Plaintiff claimed she had suffered severe knee injuries after tripping over a decorative fence adjacent to a “Santa” photography setup at one of the retailer’s locations.

After years of litigation and a failed mediation, Parks and Eleanor successfully persuaded the court to grant summary judgment on behalf of the firm’s client. They based their argument on plaintiff’s testimony which suggested she was aware of the fence and that it was unobstructed and sufficiently lit. Plaintiff brought the decision to the Court of Appeals, which agreed with Parks and Eleanor and upheld Georgia law protecting retailers and premises owners. The court notably reaffirmed that plaintiffs cannot simply bury their heads in the sand, claiming ignorance of a hazard that was visible and able to be avoided.