Ramotar v. The Kroger Co.

Rampersand and Rohinika Ramotar sued The Kroger Company to recover for personal injuries Mr. Ramotar allegedly sustained when he fell after slipping on a puddle of oil at a Kroger store in Loganville, Georgia. Kroger filed a motion for summary judgment, which the trial court granted.1 The Ramotars appeal, contending that the trial court erred in finding that there was no constructive notice of the oil on the store’s floor. Because we find that an issue of fact remains regarding Kroger’s constructive knowledge of the alleged hazard, 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.