Richardson v. Mapoles

794 S.E.2d 669, 339 Ga. App. 870, 2016 Ga. App. LEXIS 686
CourtCourt of Appeals of Georgia
DecidedDecember 8, 2016
DocketA16A2184
StatusPublished
Cited by5 cases

This text of 794 S.E.2d 669 (Richardson v. Mapoles) 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
Richardson v. Mapoles, 794 S.E.2d 669, 339 Ga. App. 870, 2016 Ga. App. LEXIS 686 (Ga. Ct. App. 2016).

Opinion

Peterson, Judge.

Plaintiff Rebecca Joy Richardson, who fell while trying to enter a Chick-fil-A restaurant on Christmas Eve in 2012, appeals the trial court’s grant of summary judgment to Greg Mapoles, the operator of the restaurant. Richardson argues that the trial court erred by concluding that she failed to offer sufficient evidence of causation. Because the evidence taken in the light most favorable to Richardson shows no more than a mere possibility that a hazard on the restaurant’s property caused her fall, we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-ll-56(c). We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. See Home Builders Ass’n of Savannah v. Chatham Cty., 276 Ga. 243, 245 (1) (577 SE2d 564) (2003).

So viewed, Richardson visited a Chick-fil-A restaurant midday on a rainy December 24, 2012. Richardson attempted to enter the restaurant at an entry point that included two sets of doors. She passed through the outer set of doors easily but found herself unable to open the left-hand door at the interior set of doors.

*871 As Richardson struggled with that door, she fell. Richardson testified:

Q: Okay. Were you able to eventually open that second set of doors?
A: No, no. I kept pushing, and it just — my feet just slipped out from under me, and I just fell. And then when I went to get up like you normally do, I could not move. I just could not move at all.
Q: Okay All right. Do you remember kind of what sort of movement your feet made when you ended up on the floor?
A: No. I just was pushing on the door, and the next thing I remember right now is just falling.

Richardson testified that she did not recall seeing any water on the floor at the time she tried to open the door. Richardson recalled sitting on the floor “for a long time” after she fell and recalled that the floor was damp, “because it had been raining.” The floor where Richardson landed was covered in some sort of rug or mat. But Richardson also testified that she could not recall whether the rug or mat that she sat on after she fell was damp, because “[a]ll [she] was thinking about was pain.”

Before the close of Richardson’s deposition, defense counsel pressed her repeatedly about the cause of her fall:

Q: Okay. All right. And you don’t know kind of what happened with your feet at that point; right?
A: No. I just know I fell and was sitting, sort of sitting.
Q: But you don’t know exactly what caused you to fall; right?
A: I kept pushing on the door, and it was just so frustrating because, I mean, I was literally just rattling it trying to get it to open, and it just would not open.
Q: But you don’t know exactly, like I said, what caused you to fall; right?
[Objection.]
A: I don’t know how to answer that. I just — it happened so fast. Just like — I just remember pushing on the door, and the next thing I remember is just sitting there.
Q: . . . Okay
A: I don’t remember the time between the fall, you know, when I was pushing and falling.
Q: So you don’t remember exactly what happened?
*872 A: No. Well —
Q: You were pushing on the door, and then you’re on the ground. That’s what you remember?
A: Yeah, uh-huh.

Richardson was injured in the fall and transported to a hospital by ambulance. She sued Mapoles, the operator of the Chick-fil-A where she fell, seeking damages for her injuries. Mapoles filed an affidavit saying that he was aware of no problems with the restaurant’s entry doors or any repairs done on the doors related to their ability to open and close. He moved for summary judgment, arguing that Richardson’s claims failed because she had not shown what caused her to fall. The trial court granted Mapoles’ motion for summary judgment, concluding that Richardson had failed to point to evidence sufficient to create a genuine issue of material fact that any negligence by Mapoles caused her injuries.

In her sole enumeration of error, Richardson argues that the trial court failed to construe all reasonable inferences to be drawn from the evidence in her favor, leading to the court’s incorrect finding that she failed to offer sufficient evidence of causation to defeat Mapoles’ motion for summary judgment. The trial court did not err.

Our Supreme Court has explained that

“routine” issues of premises liability, i.e., the negligence of the defendant and the plaintiff, and the plaintiff’s lack of ordinary care for personal safety are generally not susceptible of summary adjudication, and that summary judgment is granted only when the evidence is plain, palpable, and undisputed.

Robinson v. Kroger Co., 268 Ga. 735, 748 (2) (b) (493 SE2d 403) (1997). But a plaintiff’s mere speculation about causation is not enough to prevent summary judgment.

Causation is always an essential element in slip or trip and fall cases. Where the plaintiff does not know of a cause or cannot prove the cause, there can be no recovery because an essential element of negligence cannot be proven. A mere possibility of causation is not enough and when the matter remains one of pure speculation or conjecture and the probabilities are at best evenly balanced it is appropriate for the court to grant summary judgment to the defendant.

*873 Pennington v. WJL, LLC, 263 Ga. App. 758, 760 (1) (589 SE2d 259) (2003) (footnotes omitted).

We have consistently reversed trial courts that have refused to grant summary judgment to the defense in cases in which the plaintiffs were unable to point to more than mere speculation as to what caused their fall. See, e.g., Canaan Land Props., Inc. v. Herrington, 330 Ga. App. 17, 19-21 (1) (766 SE2d 493) (2014) (plaintiff’s testimony that hole in parking lot “had to be” the cause of his shopping cart veering and tripping him shows “mere possibility” that the divot caused his fall and thus defense was entitled to summary judgment); Bryan Bank & Trust v. Steele, 326 Ga. App. 13, 14-16 (1) (755 SE2d 828) (2014) (summary judgment warranted where plaintiff testified that it was not clear to her whether her foot caught on something and she could not say for certain that flower bed fencing she blamed for the fall was on the sidewalk before she fell); see also Imperial Invs. Doraville, Inc. v. Childers, 303 Ga. App.

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Cite This Page — Counsel Stack

Bluebook (online)
794 S.E.2d 669, 339 Ga. App. 870, 2016 Ga. App. LEXIS 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-mapoles-gactapp-2016.