Winters v. Morrison's Cafeteria

Court of Appeals of Georgia

Winters v. Morrison's Cafeteria

172 S.E.2d 878, 121 Ga. App. 98, 1970 Ga. App. LEXIS 1122

Court of Appeals of Georgia·Decided February 4, 1970·No. 44718·Published·Cited by 4 cases

Opinion

Hall, Judge.

Plaintiff appeals from the grant of a summary judgment for the defendant. This was a suit for personal injuries allegedly sustained by the plaintiff as a result of negligence of the defendant in allowing a slippery substance to remain on steps over which it knew its customers would pass and by not having the stairway well lighted. The evidence presented on motion for summary judgment showed without dispute that the substance on the steps was water, that it was raining at the time the plaintiff fell and that she could not recall whether the stairway was lighted or not but that it was not dark (5 p.m.). The evidence thus pierced the allegations of the petition and showed no negligence on the part of the defendant, therefore, the trial court did not err in granting the defendant’s motion for summary judgment. Gibson v. Consolidated Credit Corp., 110 Ga. App. 170 (138 SE2d 77).

Judgment affirmed.

Jordan, P. J., and Whitman, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Hall, Judge.

Plaintiff appeals from the grant of a summary judgment for the defendant. This was a suit for personal injuries allegedly sustained by the plaintiff as a result of negligence of the defendant in allowing a slippery substance to remain on steps over which it knew its customers would pass and by not having the stairway well lighted. The evidence presented on motion for summary judgment showed without dispute that the substance on the steps was water, that it was raining at the time the plaintiff fell and that she could not recall whether the stairway was lighted or not but that it was not dark (5 p.m.). The evidence thus pierced the allegations of the petition and showed no negligence on the part of the defendant, therefore, the trial court did not err in granting the defendant’s motion for summary judgment. Gibson v. Consolidated Credit Corp., 110 Ga. App. 170 (138 SE2d 77).

Judgment affirmed.

Jordan, P. J., and Whitman, J., concur.

Winters v. Morrison's Cafeteria, 172 S.E.2d 878, 121 Ga. App. 98, 1970 Ga. App. LEXIS 1122 (Ga. Ct. App. 1970).

Pincite

172 S.E.2d 878 (Winters v. Morrison's Cafeteria) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related