Zellers v. Theater of the Stars

In Zellers v. Theater of the Stars, 171 Ga. App. 406 (319 SE2d 553) (1984), the plaintiff was leaving an auditorium and attempted to open a glass exit door. His hand slipped from the handle and struck the glass, shattering it. Id. The building code had changed since the construction of the building, requiring safety glass in future installations. Id. at 407 (1). The theater had no actual knowledge that anyone had ever been injured on the premises by a breaking door, but the plaintiffs alleged that the theater failed to exercise ordinary care by maintaining doors constructed of plate glass rather than safety glass, that it failed to inspect the property to discover the danger, and that it failed to warn of the danger. Id. The Court rejected that argument, concluding that appellee was not put on notice by the change in the building code that the door constituted a "dangerous location." Zellers, supra at 408 (1). The Court further held that, since appellee had no actual knowledge prior to the incident at issue of any glass door in the auditorium ever having been broken, there is nothing in the evidence to show or indicate the necessity of making such an inspection to ascertain the possible or probable existence of any defect, such as that other people had broken the glass doors. Ordinary diligence, under such circumstances and the facts of this case, did not require an inspection where appellee had no reason to think an inspection was necessary. Id. at 408 (2).