The plaintiff sued the Mayor and Aldermen of the City of Savannah after she tripped over a buckle in a city sidewalk.
As for public nuisance claims, the court explained:
“A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals.” OCGA § 41-1-2. This means that “a public nuisance must injure all members of the public who come into contact with it[.]”
While not everyone who comes into contact with the alleged nuisance must be injured by it, the condition must heighten the risk of injury to any member of the public who comes into contact with it.
After the City pointed to lack of evidence of heightened risk, the plaintiff must come forward with some evidence. Since there was no evidence that anyone other than the plaintiff tripped over and was injured by the buckle in the sidewalk, the City was entitled to summary judgment.
