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H. J. Wings & Things v. Goodman

The trial court erred in denying summary judgment to the defendant since the plaintiff failed to identify any specific hazard that caused her to slip and fall in the restaurant.

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Patricia Goodman and Harold Goodman sued H. J. Wings and Things “Wings and Things” to recover for personal injuries that Mrs. Goodman allegedly sustained when she slipped and fell during a visit to a Wings and Things restaurant.1 Wings and Things filed a motion for summary judgment, which the trial court denied. We granted Wings and Things’s application for an interlocutory appeal of the trial court’s denial of its motion for summary judgment. On appeal, Wings and Things contends that it was entitled to summary judgment because the evidence showed that Mrs. Goodman could not identify any specific hazard that caused her to slip and fall, and that the restaurant did not have actual or constructive knowledge of any hazard on its premises. Since we agree that the evidence in the record does not show the presence of a hazard that caused Mrs. Goodman to fall, we reverse.

On appeal from the grant or denial of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law. A defendant may prevail on summary judgment 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 plaintiff’s case.

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