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Hill v. Kone Inc.

The record contained factual issues as to whether the correct elevator was taken out of service and inspected, as required under O.C.G.A. § 8-2-106 c, after the plaintiff tripped and fell.

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Shakira Hill appeals the grant of summary judgment to Kone, Inc., an elevator maintenance company, in her personal injury suit based on a trip and fall on an elevator. Hill contends that factual issues remain as to a potential violation of OCGA § 8-2-106 c, which would give rise to a spoliation presumption barring summary judgment. Because the record contains a factual dispute as to that question, we 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. On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.1

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