Padgett v. Baxley & Appling Cnty. Hosp. Auth.

A genuine issue of material fact remained as to whether there was a causal link between the plaintiff's allegations that a certified nursing assistant at her mother's nursing home used a shower chair that was too large for her mother and left her unattended in the shower room and the plaintiff's mother's fall, resulting in injuries and her eventual death.

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Nelda F. Padgett’s mother was an Alzheimer’s patient at a nursing home when she fell from her shower chair, suffered serious injuries, and died a week later. Padgett sued the nursing home1 on behalf of her mother’s estate for pain and suffering and as next of kin for wrongful death damages, alleging that her mother’s injuries and death were caused by professional negligence, ordinary negligence, and breach of contract, and also on the theory that her mother’s statutory rights as a nursing home patient under the “Bill of Rights for Residents of Long-term Care Facilities,” OCGA § 31-8-100 et seq., had been violated. The trial court granted the nursing home’s motion for summary judgment on all grounds and Padgett appeals. As detailed below, we find no genuine issues of material fact as to the claims for professional negligence, breach of contract, or breach of a duty under OCGA § 31-8-100 et seq., and we affirm the grant of summary judgment on those claims. We find, however, that genuine issues of material fact exist as to the claim for ordinary negligence, and we reverse the grant of summary judgment as to that claim.

“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.” Citations and punctuation omitted. Walker v. Gwinnett Hosp. System, 263 Ga. App. 554, 555 588 SE2d 441 2003. A trial court’s grant of summary judgment is reviewed de novo on appeal, construing the evidence in the light most favorable to the nonmovant. Ethridge v. Davis, 243 Ga. App. 11, 12 530 SE2d 477 2000. Once the party moving for summary judgment has made a prima facie showing that it is entitled to judgment as a matter of law, the nonmovant must then come forward with rebuttal evidence sufficient to show the existence of a genuine issue of material fact. Weldon v. Del Taco Corp., 194 Ga. App. 174 390 SE2d 87 1990.

Padgett v. Baxley & Appling Cnty. Hosp. Auth.

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