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Harris v. Holder Constr. Co.

The trial court properly granted summary judgment to the defendants on the plaintiff's negligence claim arising from her fall while walking across a carpet that was covering a hole in the sub-flooring of the building where she worked.

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Nikki Harris appeals after the trial court granted summary judgment to Holder Construction Company and Premier Contract Carpets on Harris’s claims of negligence after she fell while walking across a carpet that was covering a hole in the sub-flooring of the building where she worked. After reviewing the record, we conclude that there was no error and affirm.

Summary judgment is proper when the court, “viewing all the facts and reasonable inferences from those facts in a light most favorable to the non-moving party, concludes that the evidence does not create a triable issue as to each essential element of the case.” Lau’s Corp. v. Haskins, 261 Ga. 491, 495 405 SE2d 474 1991. “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.” Citations and punctuation omitted. Campbell v. Landings Assn., 289 Ga. 617, 618 713 SE2d 860 2011. “A defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case, but may point out by reference to the evidence in the record that there is an absence of evidence to support any essential element of the nonmoving party’s case.” Cowart v. Widener, 287 Ga. 622, 623 697 SE2d 779 2010.

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