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Ingles Mkts. Inc. v. Carroll

The defendant store was entitled to summary judgment in the plaintiff's action seeking to recover for injuries she sustained when a child ran into her and knocked her down while she was shopping.

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Deborah Ann Carroll filed suit against Ingles Markets, Inc. “Ingles”, alleging that Ingles was liable to her for injuries she received when a child ran into her and knocked her down while she was shopping at an Ingles store in Villa Rica, Georgia. Following discovery, Ingles filed a motion for summary judgment, which the trial court denied. This interlocutory appeal followed. Because there is no evidence that Ingles had either actual or constructive knowledge of the hazard at issue, we reverse the trial court’s denial of summary judgment to Ingles.

We review the denial of summary judgment de novo, viewing the evidence in the light most favorable to the nonmovant. See Whitfield v. Tequila Mexican Restaurant No. 1, Inc., 323 Ga. App. 801, 802 2 748 SE2d 281 2013. So viewed, the record shows that on February 11, 2012, Carroll was grocery shopping at an Ingles store in Villa Rica, Georgia. Right before the incident, Carroll was exiting the cereal aisle and on her way to get milk. As she was walking, she saw, from the corner of her eye, a young boy coming towards her. She noticed that he was “walking fast.” Carroll testified that the next thing she knew, he had run into her and knocked her to the ground.1 The boy, who appeared to be around 11-13 years old, was carrying a bag of charcoal as he was coming out of an aisle that contained items such as plates, cups, and charcoals.

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