Bartlett v. McDonough Bedding Co.

The plaintiff voluntarily departed from the route that the defendant designed and maintained for its customers' safety and convenience when he attempted to walk between or over cluttered merchandise concealing a chained-off stairwell-a static hazard.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Lynwood Bartlett, who was injured when he fell down stairs in a shop leased by McDonough Bedding Company “McDonough”, brought this premises liability action against McDonough in the Superior Court of Henry County.1 Following a hearing, the trial court granted McDonough’s motion for summary judgment, and Bartlett appeals. Because the evidence of record establishes that Bartlett failed to exercise ordinary care for his own safety, we affirm. To prevail on a motion for summary judgment, “the moving party must demonstrate that there is no genuine issue of material fact, so that the party is entitled to judgment as a matter of law.” Citations and punctuation omitted. Cowart v. Widener , 287 Ga. 622, 623 1 a 697 SE2d 779 2010.2 In moving for summary judgment, “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.” Citation and punctuation omitted. Id. Summary judgments enjoy no presumption of correctness on appeal, and an appellate court must satisfy itself de novo that the requirements of OCGA § 9-11-56 c have been met. In our de novo review of the grant of a motion for summary judgment, we must view the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the nonmovant. Citations and punctuation omitted. Id. at 624 1 a.

So viewed, the record shows the following undisputed facts. On the afternoon of May 5, 2007, a sunny day, the Bartletts visited the McDonough Bedding Company, a bedding and antiques shop. At the back of the shop, a stairwell connected the main level to a lower level where there was a bookshop. The stairwell was bounded on one side by the rear wall and on the other side by a half-height wall. The stairwell was illuminated by ceiling fixtures and by natural light through windows at the top and bottom of the stairs.

Bartlett v. McDonough Bedding Co.

The plaintiff voluntarily departed from the route that the defendant designed and maintained for its customers' safety and convenience when he attempted to walk between or over cluttered merchandise concealing a chained-off stairwell-a static hazard.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report