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Martin v. Hansen

The trial court erred in finding that the affidavit testimony of the out-of-possession landlord defendants was insufficient to prove that they did not have actual knowledge that the rise of the top stair of a staircase in the home that the plaintiff rented from them was too high or out of code.

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Pamela Hansen sued her landlords, Frank and Leslie Martin, for injuries she received when she tripped and fell on the top stair of a staircase located in the home that she rented from them. Hansen alleged that her fall resulted from the fact that the rise on the top stair did not conform to the code requirements. We granted the Martins’ application for an interlocutory appeal from the trial court’s denial of their motion for summary judgment. For the following reasons, we find that the Martins were entitled to summary judgment and 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. OCGA § 9-11-56 c. 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 the plaintiff’s case. Our review of an appeal from summary judgment is de novo.

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