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Henderson v. St. Paul Baptist Church

The trial court erred in granting summary judgment to the defendant church on claims arising from the plaintiff's fall on church property, as the evidence was not plain, palpable and undisputed.

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Georgia and Van Henderson appeal from an order of the Clinch County Superior Court granting summary judgment in favor of St. Paul Baptist Church on the Hendersons’ claims for premises liability and loss of consortium. The Hendersons contend that the trial court erred in granting summary judgment because factual questions exist as to whether St. Paul failed to keep its premises safe and failed to warn Georgia Henderson of a known, hidden hazard on its property. They further assert that a factual question exists as to whether Georgia Henderson encountered the hidden hazard when she attempted to take a shortcut to the side entrance of the church, rather than walking on the designated approach to the church’s main entrance. For reasons explained below, we agree with the Hendersons and therefore reverse the order of the trial court.

“In an appeal from the grant or denial of a motion for summary judgment, we apply a de novo standard of review, viewing the evidence, including any reasonable conclusions and inferences that it supports, in the light most favorable to the nonmovant.” SKC, Inc. v. EMAG Solutions, __ Ga. App. __ 755 SE2d 298 2014 citation omitted. Viewed in the light most favorable to the Hendersons, the record shows that on January 7, 2010, the Hendersons were scheduled to conduct a revival service as visiting pastors at St. Paul at the invitation of St. Paul’s pastor, Amos Lee, Jr. The Hendersons arrived at the church shortly before the 7:30 p.m. service.1 There is no designated parking lot on church property, but upon their arrival, the Hendersons saw Pastor Lee, who motioned for the Hendersons to park behind his car, which he had parked on the church property next to the left side of the church building. The Hendersons then saw Lee and Lee’s wife enter the church building through a side entrance.

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