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Hayward v. Kroger Co.

The trial court properly granted summary judgment to the defendant grocery store in this rainy-day slip-and-fall case, as the plaintiff could not show that the grocery store had superior knowledge of the condition.

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On appeal from the trial court’s grant of summary judgment to The Kroger Company in this rainy-day slip-and-fall case, plaintiff Frances Hayward argues that the trial court erred in its handling of witness affidavits when it denied her motion to compel production of a videotape and photographs of the accident scene, and when it concluded that no question of material fact remained on the merits of her claim. We find no error and affirm.

On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law.Rubin v. Cello Corp., 235 Ga. App. 250 510 SE2d 541 1998.

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