Goodwin v. Mullins

Court of Appeals of Georgia

Goodwin v. Mullins

176 S.E.2d 551, 122 Ga. App. 84, 1970 Ga. App. LEXIS 788

CourtCourt of Appeals of Georgia

DecidedJune 24, 1970

Docket45292

StatusPublished

Cited by19 cases

This text of 176 S.E.2d 551 (Goodwin v. Mullins) 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

Goodwin v. Mullins, 176 S.E.2d 551, 122 Ga. App. 84, 1970 Ga. App. LEXIS 788 (Ga. Ct. App. 1970).

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Opinions

Deen, Judge.

The burden is on the defendant who moves for summary judgment to produce evidence which conclusively negates at least one essential element entitling the plaintiff to recover under every theory fairly to be drawn from the pleadings and evidence. Saunders v. Vikers, 116 Ga. App. 733 (2) (158 SE2d 324). The plaintiff in this case occupied the status of a social invitee, i.e., a licensee. Stanton v. Grubb, 114 Ga. App. 350 (151 SE2d 237). There is no question in this case of anticipating the plaintiff’s presence on the premises, since her presence in the house, and the fact that she had turned back to go to the bathroom, were known. As to the duty of care to be accorded her under these circumstances, "it is usually wilful or wanton not to exercise ordinary care to prevent injuring a person who is actually known to be . . . within the range of a dangerous act being done.” Mandeville Mills v. Dale, 2 Ga. App. 607, 609 (58 SE 1060).

The evidence here establishes without dispute that the sole cause of the plaintiff’s misadventure was that she mistook the door to the basement for the door to the bathroom, opened it, stepped in without realizing her error, and consequently fell. As to matters involving ordinary care for her own safety, such as whether she should have looked where she was going, and whether, if it was dark she should have turned on the hall light or the light inside the door, these are jury matters. The case stands or falls on whether the defendants were negligent in their construction and maintenance of their home. Plaintiff contends that to build a residence hallway with adjacent doorways to a bathroom and a flight of steps is in the nature of a mantrap, and to so [86]*86maintain it is "a dangerous act being done.” Since stairways and bathrooms, as well as other rooms, customarily open onto hallways, and since we find no precedent for holding that such construction is negligent (in which regard see Todd v. Armour & Co., 44 Ga. App. 609 (162 SE 394); Wardlaw v. Executive Comm. of the Baptist Convention, 47 Ga. App. 595 (170 SE 830), Mortgage Comm. Servicing Corp. v. Brock, 60 Ga. App. 695 (4 SE2d 669); Leach v. Inman, 63 Ga. App. 790 (12 SE2d 103); Pries v. Atlanta Enterprises, Inc., 66 Ga. App. 464 (17 SE2d 902); Pettit v. Stiles Hotel Co., 97 Ga. App.-137 (102 SE2d 693)) the defendant’s motion for summary judgment should have been sustained.

Judgment reversed.

Bell, C. J., Jordan. P. J., Hall, P. J., Eberhardt, Quillian and Whitman, JJ., concur. Pannell and Evans, JJ., dissent.

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Deen, Judge.

The burden is on the defendant who moves for summary judgment to produce evidence which conclusively negates at least one essential element entitling the plaintiff to recover under every theory fairly to be drawn from the pleadings and evidence. Saunders v. Vikers, 116 Ga. App. 733 (2) (158 SE2d 324). The plaintiff in this case occupied the status of a social invitee, i.e., a licensee. Stanton v. Grubb, 114 Ga. App. 350 (151 SE2d 237). There is no question in this case of anticipating the plaintiff’s presence on the premises, since her presence in the house, and the fact that she had turned back to go to the bathroom, were known. As to the duty of care to be accorded her under these circumstances, "it is usually wilful or wanton not to exercise ordinary care to prevent injuring a person who is actually known to be . . . within the range of a dangerous act being done.” Mandeville Mills v. Dale, 2 Ga. App. 607, 609 (58 SE 1060).

The evidence here establishes without dispute that the sole cause of the plaintiff’s misadventure was that she mistook the door to the basement for the door to the bathroom, opened it, stepped in without realizing her error, and consequently fell. As to matters involving ordinary care for her own safety, such as whether she should have looked where she was going, and whether, if it was dark she should have turned on the hall light or the light inside the door, these are jury matters. The case stands or falls on whether the defendants were negligent in their construction and maintenance of their home. Plaintiff contends that to build a residence hallway with adjacent doorways to a bathroom and a flight of steps is in the nature of a mantrap, and to so [86]*86maintain it is "a dangerous act being done.” Since stairways and bathrooms, as well as other rooms, customarily open onto hallways, and since we find no precedent for holding that such construction is negligent (in which regard see Todd v. Armour & Co., 44 Ga. App. 609 (162 SE 394); Wardlaw v. Executive Comm. of the Baptist Convention, 47 Ga. App. 595 (170 SE 830), Mortgage Comm. Servicing Corp. v. Brock, 60 Ga. App. 695 (4 SE2d 669); Leach v. Inman, 63 Ga. App. 790 (12 SE2d 103); Pries v. Atlanta Enterprises, Inc., 66 Ga. App. 464 (17 SE2d 902); Pettit v. Stiles Hotel Co., 97 Ga. App.-137 (102 SE2d 693)) the defendant’s motion for summary judgment should have been sustained.

Judgment reversed.

Bell, C. J., Jordan. P. J., Hall, P. J., Eberhardt, Quillian and Whitman, JJ., concur. Pannell and Evans, JJ., dissent.

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Bluebook (online)

176 S.E.2d 551, 122 Ga. App. 84, 1970 Ga. App. LEXIS 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwin-v-mullins-gactapp-1970.

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