DIRECTV, LLC, v. White (Appeal)

Michael Becker (Atlanta, GA) (Premises Liability Appeal) Plaintiff Angela White sued her satellite service provider on a premises liability theory after she tripped and fell over wires in her bedroom. During her deposition, Plaintiff testified that she knew about the wires prior to tripping over them, they were visible and out in the open, and that the morning of the incident she jumped up out of bed and ran to the bathroom without looking, tripping over the wires on the way. She also testified that the fall took place more than two years before she filed her complaint, making her claims untimely. Following discovery, DIRECTV moved for Summary Judgment, arguing that the statute of limitations barred her claims; that the hazard was open and obvious; that Plaintiff failed to exercise ordinary care for her own safety; and that an independent contractor installed the wires, and so DIRECTV could not be liable as a matter of law. In response, the Plaintiff filed an affidavit contradicting her earlier testimony regarding the statute of limitations without explanation for the contradiction. The trial court denied DIRECTV’s motion for Summary Judgment. DIRECTV requested and was granted an Interlocutory Appeal in which it argued that Plaintiff’s complaint was time-barred and the trial court was required to disregard her contradictory affidavit under Georgia law. The Court of Appeals agreed and reversed the trial court, finding Summary Judgment to DIRECTV proper.