# Nunnelley v. Brown

> Court of Appeals of Georgia · October 15, 1990 · 197 Ga. App. 711

URL: https://www.frixlaw.com/law-library/cases/5644611

## Case

- **Full name:** NUNNELLEY v. BROWN
- **Court:** Court of Appeals of Georgia
- **Decided:** October 15, 1990
- **Citations:** 197 Ga. App. 711; 399 S.E.2d 219; 1990 Ga. App. LEXIS 1436
- **Precedential status:** Published
- **Opinion:** Dissent by McMurray
- **Judges:** McMurray, Sognier
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5644611

## Opinion text

McMurray, Presiding Judge,
dissenting.
In my view, the decision in the case sub judice is controlled by Whitley v. Hulon, 194 Ga. App. 363 ( 390 SE2d 598 ), therefore, I respectfully dissent. As in Whitley , the case sub judice involves allegations of a defective premises which prevented plaintiff Arne Nunnelley from accurately discerning what lay in her path. In Whitley , poor lighting caused the slope of a ramp to blend together with a parking lot. In the case sub judice, an optical illusion created by the slope of a porch caused it to appear to slope directly into the sidewalk, thus concealing the presence of a step. While plaintiff had recently traversed the path into the establishment where a colored tape provided *713 notice of the step, the path out did not afford similar warnings. Whether plaintiff exercised a reasonable lookout and whether a warning sign should have been posted are questions of fact which should be resolved by a jury. See also Pinkney v. VMS Realty, 189 Ga. App. 177 ( 375 SE2d 90 ).
Decided October 15, 1990
Rehearing denied November 26, 1990
Thomas J. Crownover, for appellants.
Long, Weinberg, Ansley & Wheeler, Stephen H. Sparwath, for appellees.
I am authorized to state that Chief Judge Carley joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5644611. Public record. Not legal advice.