Baldwin County Hospital Authority v. Coney

373 S.E.2d 252, 188 Ga. App. 339, 1988 Ga. App. LEXIS 1063
CourtCourt of Appeals of Georgia
DecidedSeptember 9, 1988
Docket76390
StatusPublished
Cited by14 cases

This text of 373 S.E.2d 252 (Baldwin County Hospital Authority v. Coney) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baldwin County Hospital Authority v. Coney, 373 S.E.2d 252, 188 Ga. App. 339, 1988 Ga. App. LEXIS 1063 (Ga. Ct. App. 1988).

Opinions

Sognier, Judge.

Christine Coney brought an action against the Baldwin County Hospital Authority to recover damages arising out of her slip and fall on the premises of a hospital operated by the authority. The trial court denied the authority’s motion for summary judgment but certified its ruling for immediate review, and we granted this interlocutory appeal.

The record reveals that appellee had visited her son who was hospitalized at appellant’s facility. She exited the elevator on the main floor and walked a few feet toward the exit when she fell. Her complaint alleged that she slipped and fell “on a slick substance which had been left on the floor by employees of the hospital,” thereby breaking her leg. This was an allegation that appellant’s employees had themselves left the substance on the floor, and that consequently appellant, through its employees, had actual knowledge that there was water on the floor. See Alterman Foods v. Ligon, 246 Ga. 620, 624 (272 SE2d 327) (1980).

1. In its motion for summary judgment, appellant proffered no evidence to pierce that allegation. It simply argued to the trial court that appellee had not proved that appellant had the knowledge alleged, and that therefore it was entitled to summary judgment. Appellant puts forth the same contention in this court, relying on this court’s decisions in Bright v. Food Giant, 177 Ga. App. 641 (340 SE2d 272) (1986) and Newman v. Ruby Tuesday, Inc., 184 Ga. App. 827 (363 SE2d 26) (1987). We find this reliance to be misplaced. First, neither of those cases dealt with actual knowledge of a foreign substance on the floor. In Bright, we noted that “appellants concede that there is no evidence that appellee had actual knowledge of the ‘slick spot.’ ” Id. at 642. In Newman, it was “uncontroverted that appellee did not have actual knowledge of any foreign substance on the floor which may have caused appellant’s fall.” Id. at 828. In the case sub judice, in contrast, we are presented with an allegation of actual knowledge on the part of appellant-defendant, which allegation, although denied in the answer, must be rebutted and pierced upon motion for summary judgment.

Second, neither Bright nor Newman should be read as placing an initial burden on the plaintiff, as respondent on motion for summary judgment, of coming forward with evidence to support the allegations in the complaint. In Bright, the plaintiff’s allegation supporting recovery was that constructive knowledge should be imputed to the defendant because one of the store’s employees was in the area when she fell and could easily have seen the foreign substance on the floor. [340]*340Bright holds not that the plaintiff had the burden of proving this, but that where “it is uncontroverted that the ‘slick spot’ could not be seen from that employee’s station” and “could not be detected merely by looking át the floor,” id. at 641, and no question of “reasonable inspection” had been raised, the defendant-movant had sufficiently disproved the alleged constructive knowledge to warrant summary judgment. In Newman, appellant alleged that the presence of restaurant employees in the vicinity at the time she fell was sufficient to impute constructive knowledge to defendant. Defendant, in moving for summary judgment, carried its burden by relying in part on plaintiff’s depositions, which this court found supported defendant’s contentions that no employees were in the vicinity. Thus, both cases held simply that the specific allegations of constructive knowledge had been sufficiently pierced to shift the burden to the plaintiff to come forward with evidence which could create an issue of fact. As each plaintiff did not come forward with such evidence, each defendant was properly granted summary judgment.

There is no general statement that can be made as to what every defendant in every slip and fall case must necessarily show in supporting a motion for summary judgment in order to “carry its burden” on such a motion. Although it is axiomatic that “[o]n a motion for summary judgment the burden of establishing the non-existence of any genuine issue of fact is upon the moving party and all doubts are to be resolved against the movant,” Ham v. Ham, 230 Ga. 43, 45 (195 SE2d 429) (1973), exactly what facts the movant must rebut can only be determined by reference to what particular facts have been pleaded or otherwise shown by the record in each individual case. OCGA § 9-11-56 (c) provides that summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show” no genuine issue of material fact. (Emphasis supplied.) Thus, when the defendant in a slip and fall case moves for summary judgment, the plaintiff has no initial burden of coming forward with any evidence. But where there is no evidence in the record supporting the plaintiff’s claim that defendant is liable, the plaintiff must at least have alleged facts entitling him or her to recovery. Where there is no allegation of a particular fact, and no evidence showing such a fact, the movant need not disprove that fact, in order to prevail.

Thus, it is only to the extent that actual knowledge or constructive knowledge is alleged as a fact entitling the plaintiff to recovery, that the defendant-movant miist refute that particular allegation by coming forward with evidence negating the plaintiff’s right to recover based on the alleged facts. If the plaintiff has alleged that the defendant had actual knowledge of a defect, as in the case at bar, the defendant-movant must proffer some evidence that it did not know of [341]*341the defect, in order to proceed toward summary judgment. It is not necessary, however, for the defendant-movant to come forward with evidence negating facts which have not been alleged, or which may not be fairly drawn from the allegations in the pleadings. The “burden” is on the plaintiff to make allegations which will support recovery if true. The defendant must then “pierce” those allegations — i.e., show that the allegations are not true — as the next step in the summary judgment process.

We do not forget that the Georgia Civil Practice Act, OCGA § 9-11-1 et seq., authorizes notice pleading. Thus, even the most general or conclusory allegation of fact will suffice, and must be rebutted. Similarly, even though not alleged, if there are facts shown by the record (proffered by any party) which would support recovery, even if the plaintiff has not pled them, these facts must be rebutted by the defendant-movant in order to prevail upon motion for summary judgment. But we do not cast upon the defendant-movant the burden of rebutting or disproving facts or theories which are not alleged, may not be fairly drawn from the allegations which are made, nor shown by any evidence in the record, in order to prevail on motion for summary judgment. That was the reason for this court’s affirmance of the trial court’s grant of summary judgment in Bright and Newman, supra.

Applying the general principles discussed above to the case at bar, we find that appellee alleged in her complaint that appellant had actual knowledge of a slick substance on the floor upon which she fell.

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Baldwin County Hospital Authority v. Coney
373 S.E.2d 252 (Court of Appeals of Georgia, 1988)

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Bluebook (online)
373 S.E.2d 252, 188 Ga. App. 339, 1988 Ga. App. LEXIS 1063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-county-hospital-authority-v-coney-gactapp-1988.