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Barko Response Team Inc. v. Sudduth

The trial court erred in denying defendant's motion for summary judgment in plaintiff's action alleging that defendant was negligent in performing mold remediation services in his home and that he was sickened by exposure to mold, as there was no evidence that defendant's alleged negligence caused plaintiff's alleged illnesses.

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Phillip Sudduth filed this action in the State Court of Gwinnett County against Amica Mutual Insurance, Co. and Barko Response Team, Inc., alleging, inter alia, that Barko was negligent in performing mold remediation services in his home and that he was sickened by exposure to mold. The trial court denied Barko’s motion for summary judgment, and Barko appeals, contending that there is no evidence that its alleged negligence caused Sudduth’s illnesses and, therefore, that it is entitled to judgment as a matter of law.1 For the reasons explained below, we reverse.

Summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. OCGA § 9-11-56 c. Where a defendant moving for summary judgment discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. Citation and punctuation omitted. Cowart v. Widener, 287 Ga. 622, 623 1 a 697 SE2d 779 2010. In response to a properly supported motion for summary judgment which pierces the pleadings, plaintiffs may not stand upon their allegations, but must come forward with evidence to contravene defendants’ proof or suffer judgment. Citation omitted. Bowden v. Pryor, 215 Ga. App. 351 450 SE2d 845 1994. See also Wade v. Howard, 232 Ga. App. 55, 59 499 SE2d 652 1998 accord.

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