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SMITH et al. v. SHUMAN et al.

STOLZ, Judge.

In these separate actions, tried and appealed together, by a husband and his wife for damages for injuries to the wife resulting from her slipping and falling on a rock in the parking lot of a beauty shop owned by one defendant and leased to the co-defendant, the trial judge did not err in granting summary judgments for both defendants upon a showing that the plaintiff wife parked on the nearly new parking lot around noon on a clear day; that she saw no debris on the parking lot as she entered the defendants' shop; that upon leaving the shop around 2 p. m., she observed several stones on the then nearly vacant parking area, yet slipped and fell on a quarter- or marble-sized, gray colored stone; that she had used this parking lot for about 5 months and had never seen any debris thereon before; and that there was no evidence that the defendants had any knowledge of the presence of the stones. See Butler v. Jones, 85 Ga. App. 158 (2) ( 68 S.E.2d 173) and cits.; Misenhamer v. Pharr, 99 Ga. App. 163 (2) ( 107 S.E.2d 875) and cits.; Angel v. The Varsity, Inc., 113 Ga. App. 507 ( 148 S.E.2d 451) and cits.; Avary v. Anderson, 31 Ga. App. 402 ( 120 S.E. 683); Roberts v. Wicker, 213 Ga. 352 ( 99 S.E.2d 84) and cits.

Judgments affirmed. Deen, P. J., concurs. Evans, J., concurs in the judgment only.

STOLZ, Judge.

ARGUED JUNE 30, 1975 — DECIDED SEPTEMBER 2, 1975.
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SMITH v. SHUMAN
(Sep 2, 1975)