Posted by Susan J. Levy
In Duff v. Bd. Of Regents of the Univ. Sys. Of Georgia, No. A17A0438 (May 24, 2017), Plaintiff, a student at Georgia Perimeter College (“GPC”), exited a classroom and slipped and fell on rainwater tracked in by hundreds of students entering the building. It was undisputed that it had not been raining when Plaintiff first entered the building or that she had seen any rain on the floor on her way to class.
Plaintiff testified that she slipped on “standing water,” but could not describe the depth, width, or quantity of water. Duff v. Bd. of Regents of the Univ. Sys. of Georgia, Civ. Action File No. 14A52680-7 (June 28, 2016)(hereafter, the “Trial Court Order”). She also testified that her clothing was wet when she got up. A professor who assisted her after the fall testified that Plaintiff fell on a very thin layer of water analogous to the amount of water left after you take “a wet paper towel and wiped it across a surface.” The professor also testified that at the time she fell, students were standing outside of the classroom waiting to get in wearing wet clothes and carrying dripping umbrellas.