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Norwich v. The Shrimp Factory Inc.

The plaintiff had equal knowledge of the allegedly hazardous condition of a step in a restaurant's restroom because she had successfully negotiated the step when she entered the restroom.

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Franceska and Leonard Norwich brought this premises liability action against the Shrimp Factory, Inc., a Savannah restaurant, after Mrs. Norwich fell from a platform upon exiting a toilet stall in the women’s restroom. The trial court granted summary judgment to the Shrimp Factory on the ground that the uncontroverted evidence showed that Mrs. Norwich had equal knowledge of the allegedly hazardous condition of the platform because she had previously negotiated the platform when she entered the toilet stall. On appeal, plaintiffs argue that a genuine issue of material fact remains as to whether Mrs. Norwich had equal knowledge of the hazard posed by the platform. We disagree and therefore affirm.

“On summary judgment, a trial court is not authorized to resolve disputed issues of material fact.” Citation omitted. Ly v. Jimmy Carter Commons, LLC, 286 Ga. 831, 833 1 691 SE2d 852 2010. Summary judgment is proper if the pleadings and evidence “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” OCGA § 9-11-56 c. “A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Citation omitted. Gayle v. Frank Callen Boys Girls Club, 322 Ga. App. 412 745 SE2d 695 2013.

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