"As to plaintiff's motion for summary judgment, on the issue of liability, ... The facts recited above are not so 'plain, palpable and indisputable' so as to warrant summary judgment in favor of plaintiff as to liability.
"One additional issue requires discussion here. ... Plaintiff argues that because the subject section of Peachtree Street has been resurfaced and the sewer grates raised accordingly since the enactment of OCGA sec 36-60-5 (Code Ann. sec 69-1612), the City is liable as a matter of law for failing to install bicycle-safe grates at these 'newly located' grate positions. We do not agree with plaintiff's interpretation of the statute that the grates at issue here were 'newly located.'
"... In the enactment of OCGA sec 36-60-5 (Code Ann. sec 69-1612) the General Assembly clearly intended that all 'newly located' grates on public roadways be bicycle safe. What are 'newly located' grates? Words and phrases in statutes are to be given their ordinary and common meaning. ... We find the ordinary and common meaning of 'newly located' to be as follows, to wit: set or established in a particular spot or location not previously in use. ... Common sense and sound reasoning dictate against plaintiff's interpretation which would include existing grates which have been adjusted due to street resurfacing.
"Based on the evidence of record, the trial court did not err in denying plaintiff's motion for summary judgment."
Disclaimer