Hawkins Parnell Wins Summary Judgment in Fulton County, Georgia
January 4, 2013 (Atlanta, GA) – Hawkins Parnell won summary judgment in Fulton County State Court on behalf of the owner and property manager of a local shopping center. The plaintiff filed suit against the property management company as well as the individual owners and managers of the shopping center store where she was employed.
In January 2010, the plaintiff suffered extensive ankle injuries during a snow and ice storm. As she was leaving work, she slipped and fell on “hidden ice” that was located just off the sidewalk exit of the store. The plaintiff was denied workers’ compensation benefits because she was off the clock and technically off the property as she had stepped off of the sidewalk prior to her fall.
In defending the case, Hawkins Parnell conducted significant discovery regarding the plaintiff’s prior knowledge of the hazard based on her activities earlier in the day, her observations of the general weather conditions, and her knowledge of conditions created from prior snow and ice storms. HPY also developed the defense that the management company did not possess superior knowledge of the allegedly dangerous condition. The Court agreed with Hawkins Parnell, granting summary judgment on January 4, 2013.