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PEACHTREE NORTH APARTMENTS COMPANY v. HUFFMAN-WOLFE COMPANY et al. (two cases).
MORSE v. HUFFMAN-WOLFE COMPANY et al. (two cases).
47091.
47092.
47093.
47094.
QUILLIAN, Judge.
Action for damages. Fulton Superior Court. Before Judge Tanksley.
The question for decision is whether two independent contractors who had completed and turned their work over to the owner would be liable to plaintiff who fell in a parking lot because she stepped in a hole which varied from two to five inches in depth and from two to five feet in length and width.
The first exception is applicable only where the work performed is itself inherently dangerous. Community Gas Co. v. Williams, 87 Ga. App. 68, 78 (73 SE2d 119); Ridgeway v. Downing Co., 109 Ga. 591, 595 (34 SE 1028); Robbins Home Improvement Co. v. Guthrie, 213 Ga. 138, 140 (97 SE2d 153).
The plaintiff contends that the hole in the parking lot comes within the second exception. However, the evidence shows that at the time the work was completed the surface of the parking lot was level and the depression only developed after automobiles had been driven over that area for some length of time. Therefore, the construction was not imminently dangerous at the time it was turned over by the independent contractors. The granting of the summary judgments in favor of the two independent contractors, appellees here, was not error.
Huie & Harland, Harry L. Cashin, Jr., Joe G. Davis, Jr., for Morse.
Powell, Goldstein, Frazer & Murphy, Edward E. Dorsey, Stuart E. Eizenstat, Arnall, Golden & Gregory, H. Fred Gober, for Huffman-Wolfe.
Neely, Freeman & Hawkins, Paul M. Hawkins, A. Timothy Jones, Long, Weinberg, Ansley & Wheeler, Palmer H. Ansley, for Peachtree North.
ARGUED APRIL 10, 1972 -- DECIDED JUNE 9, 1972 -- REHEARING DENIED JULY 6, 1972.
Friday May 22 14:59 EDT


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