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Milledgeville Manor Partners LLC v. Lewis

The defendant property owner was entitled to summary judgment on the plaintiff's premises liability claim, as the plaintiff's knowledge of the presence of a hole in the ground was equal to or greater than that of the defendant before she stepped into it and injured herself.

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We granted the application for interlocutory review filed by Milledgeville Manor Partners, LLC “MMP” to consider whether the Superior Court of Baldwin County erred in denying MMP’s motion for summary judgment in this premises liability suit brought by Patricia Lewis. Because the undisputed evidence establishes as a matter of law that Lewis’s knowledge of the hazard on MMP’s property was equal or superior to that of MMP, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. On appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo, and all reasonable conclusions and inferences drawn from the evidence are construed in the light most favorable to the nonmovant.

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