Whiddon v. O'Neal

In Whiddon v. O'Neal, 171 Ga. App. 636 (320 SE2d 601) (1984), a child was struck by a car in an unattended crosswalk as she was leaving elementary school. The city normally supplied a crossing guard but she had been out sick for a period of time, and the city averred that the substitute guard for the day in question had been called to a city emergency. The Court held that a jury issue was raised as to whether the city's failure to provide a substitute crossing guard or to inform the public of the lack of a guard created a nuisance. Id. at 639. In that case, there was evidence that the city knew the crosswalk was unattended.