Camp v. Winn Dixie Stores, Inc.

Court of Appeals of Georgia

Camp v. Winn Dixie Stores, Inc.

484 S.E.2d 349, 225 Ga. App. 626, 97 Fulton County D. Rep. 1568, 1997 Ga. App. LEXIS 460

CourtCourt of Appeals of Georgia

DecidedMarch 20, 1997

DocketA97A0788

StatusPublished

Cited by2 cases

This text of 484 S.E.2d 349 (Camp v. Winn Dixie Stores, Inc.) 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.

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Camp v. Winn Dixie Stores, Inc., 484 S.E.2d 349, 225 Ga. App. 626, 97 Fulton County D. Rep. 1568, 1997 Ga. App. LEXIS 460 (Ga. Ct. App. 1997).

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Opinion

Blackburn, Judge.

Joseph M. Camp appeals the trial court’s grant of Winn Dixie Stores, Inc.’s motion for summary judgment in the underlying rainy-day slip and fall case.

Camp testified in his deposition that it was raining as he entered the Winn Dixie. After he walked across the carpeted entry area, he slipped and fell on the wet floor. A Winn Dixie employee deposed that she had checked the floor two to three minutes prior to Camp’s fall, and that she saw no water on the floor.

“[I]t is common knowledge that during rainy weather some water will normally be present where shoppers enter a building.” Winn-Dixie Atlanta v. Bianco, 204 Ga. App. 292, 293 (418 SE2d 819) (1992). “On these facts, there is no evidence showing Winn-Dixie had or should have had superior knowledge of a condition or hazard posing an unreasonable risk of harm that was the proximate cause of [Camp’s] injury.” Id. See also Roby v. Kroger Co., 219 Ga. App. 459, 460 (465 SE2d 496) (1995) (“when it rains, the ordinary person is aware that water is apt to be found in any area frequented by people coming in from the rain outside”). Accordingly, the trial court correctly granted Winn Dixie’s motion for summary judgment.

Judgment affirmed.

Pope, P. J., and Johnson, J., concur. [627]*627Decided March 20,1997. Robert H. Baer, for appellant. Lee, Black, Scheer & Hart, Steven E. Scheer, Christopher L. Rouse, for appellee.

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Blackburn, Judge.

Joseph M. Camp appeals the trial court’s grant of Winn Dixie Stores, Inc.’s motion for summary judgment in the underlying rainy-day slip and fall case.

Camp testified in his deposition that it was raining as he entered the Winn Dixie. After he walked across the carpeted entry area, he slipped and fell on the wet floor. A Winn Dixie employee deposed that she had checked the floor two to three minutes prior to Camp’s fall, and that she saw no water on the floor.

“[I]t is common knowledge that during rainy weather some water will normally be present where shoppers enter a building.” Winn-Dixie Atlanta v. Bianco, 204 Ga. App. 292, 293 (418 SE2d 819) (1992). “On these facts, there is no evidence showing Winn-Dixie had or should have had superior knowledge of a condition or hazard posing an unreasonable risk of harm that was the proximate cause of [Camp’s] injury.” Id. See also Roby v. Kroger Co., 219 Ga. App. 459, 460 (465 SE2d 496) (1995) (“when it rains, the ordinary person is aware that water is apt to be found in any area frequented by people coming in from the rain outside”). Accordingly, the trial court correctly granted Winn Dixie’s motion for summary judgment.

Judgment affirmed.

Pope, P. J., and Johnson, J., concur. [627]*627Decided March 20,1997. Robert H. Baer, for appellant. Lee, Black, Scheer & Hart, Steven E. Scheer, Christopher L. Rouse, for appellee.

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484 S.E.2d 349, 225 Ga. App. 626, 97 Fulton County D. Rep. 1568, 1997 Ga. App. LEXIS 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camp-v-winn-dixie-stores-inc-gactapp-1997.

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