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Brad Bradford Realty11/15/2005
that the place where Callaway fell was part of the area being improperly used. We find no clear error in this factual finding. Finally, as the trial court noted, Cobblestone had done nothing to stop or discourage the tenants from using paths, such as this one, that led to ground-floor patio doors.
None of the cases upon which Cobblestone relies address situations where evidence was presented to show that the landlord had knowledge of regular improper use of a path by invitees. Similarly, Cobblestone's reliance on Williams v. Park Walk Apts., 253 Ga. App. 429, 431 (559 SE2d 169) (2002), is misplaced because it cannot be read to, nor does it purport to, eliminate the exception to the rule described in Gaydos.
Evidence was presented to support the trial court's ruling that Cobblestone knew or should have known that the v-notch was dangerous when covered with straw, that it failed to take reasonable steps to ensure that its premises and approaches were safe, and that Callaway lacked knowledge of the hazard, despite her exercise of ordinary care, due to actions or conditions within the owner's control. See Robinson v. Kroger Co., 268 Ga. at 748-749 (2) (b).
Judgment affirmed. Smith, P. J., and Ellington, J., concur.
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