SMG Construction Services, LLC v. Cook, [S25G0389, Oct. 15, 2025] __ S.E.2d __ (Ga. 2025). The Court (Bethel, J.; all Justices concur, except Peterson, C.J., and Ellington and McMillian, JJ., who dissent) vacated and remanded.
The Court addressed whether summary judgment was properly denied in a premises-liability action arising from an independent contractor’s fall from an unguarded second-story ledge. The Court of Appeals had reversed the grant of summary judgment to the property owner, reasoning that issues of fact existed concerning the contractor’s ability to perceive the ledge’s precise location. Ms.** 1–2, 5–7.
Reversing, the Court held that the lower court conflated actual and constructive knowledge, misapplying principles that govern each. Because the record showed undisputed evidence that the contractor had actual knowledge of the unguarded ledge, the Court concluded that conditions potentially obscuring the ledge’s exact edge were immaterial. Such factors might be relevant to constructive knowledge, but they do not undermine actual knowledge of a known hazard. Ms.** 10–11, 15–20.
The Court further clarified that the relevant danger was the unguarded ledge itself, not the contractor’s misjudgment of where that ledge ended. A mistaken perception of a known hazard’s specific dimensions or contours does not negate awareness of the danger it poses. Ms.** 15–18. Because the Court of Appeals ended its analysis after finding factual issues on knowledge, the Supreme Court remanded the case for consideration of the property owner’s affirmative defenses, including assumption of the risk and voluntary negligence. Ms.** 20–21.