Georgia Dept. of Transp. v. Strickland

In Georgia Dept. of Transp. v. Strickland 279 Ga. App. 753 (632 SE2d 416) (2006), a woman parked her car on State Route 73 (also known as Main Street) in downtown Sylvania. When she exited her car, she stepped in a pothole, tripped, and fell. Because she fell in the right-of-way of a state road inside city limits, the plaintiff sued both the city and the DOT. Id. In reversing the denial of the defendants' motions for summary judgment, we stated as follows: It is undisputed that the plaintiff was a licensee at the time of her fall, a point she concedes. She was neither a customer, a servant, nor a trespasser, and she stood in no contractual relationship with the City or the Department. She used the public parking for her own interest, convenience, and gratification. Consequently, her status is that of licensee. Id. at 754 (1).