Armenise v. Adventist Health System Sunbelt – Case Brief Summary (Georgia)

In Armenise v. Adventist Health System/Sunbelt, 219 Ga. App. 591, 592 (466 SE2d 58) (1995), plaintiff fell "when he stepped in an ankle-deep depression in the ground which was hidden from view by thick grass."

In that case, the landscape supervisor was "able to locate the hole only by stepping around and pressing down with his feet in the area where the plaintiff fell until his foot actually pushed down the grass covering the depression."

Under those circumstances, and where no one else had tripped or fallen in the area, weekly inspections by defendants' landscape supervisor were held to be reasonable. Defendants' failure to discover the hazard in that case was held not to be negligence, because "the hazard ... was not discoverable by the defendants, despite the exercise of ordinary care in inspecting the premises; thus, there was no basis for concluding that the defendants had constructive knowledge of the hazard."