Sidhi Invs. Corp. v. Thrift

Because the defendant was an out-of-possession landlord, it was entitled to summary judgment in the plaintiff's lawsuit arising after she slipped and fell on an unknown substance in a convenience store the defendant owned, and the trial court erred in failing to grant the defendant's summary judgment motion.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Vicki Lee Thrift sued Sidhi Investment Corporation for injuries she sustained in a fall at a Nahunta convenience store owned by Sidhi. Sidhi moved for summary judgment, arguing that, because it was an out-of-possession landlord, it was not responsible to third parties for damages resulting from the negligence of the tenant. See OCGA § 44-7-14. In response, Thrift argued that a question of fact remained as to whether Sidhi was an out-of-possession landlord because Sidhi maintained a beer and liquor license and a business license for the store. The Superior Court of Brantley County summarily denied Sidhi’s motion, granted Sidhi a certificate of immediate review, and we granted Sidhi’s application for interlocutory appeal. For the reasons that follow, we conclude that the trial court erred in denying Sidhi’s motion for summary judgment, and, therefore, we reverse.

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. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiff’s claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial. Further, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.

Sidhi Invs. Corp. v. Thrift

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report