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Little-Thomas v. Select Specialty Hosp.-Augusta Inc.

Some evidence showed that the harm the plaintiff suffered when she was raped by a hospital employee was within the risk posed by the hospital employee's tendencies and conduct.

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Joyce Little-Thomas and Walter Thomas collectively the Plaintiffs appeal from the grant of summary judgment to Select Specialty Hospital-Augusta, Inc. the Hospital in their suit against the Hospital asserting various claims arising from a rape of Joyce by a Hospital employee. The Plaintiffs argue that the trial court erroneously construed the law or overlooked genuine issues of material fact as to their claims for negligent hiring, retention, and supervision and for premises liability. For the reasons that follow, we affirm in part and reverse in part.

To prevail at summary judgment under OCGA § 9 11 56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.1

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