Georgia Cas. & Sur. Co. v. Salter's Indus. Serv. Inc.

No evidence showed that an industrial electrician's act of installing a manual switch to power a re-heater, which eventually became the origin of a warehouse fire, was a breach of any code section or standard of reasonable care.

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Georgia Casualty and Surety Company and Plantation Sweets, Inc., collectively “Plantation” appeal from the trial court’s grant of summary judgment to Salter’s Industrial Service, Inc., and Excell Refrigeration of South Carolina, Inc., in Plantation’s action for negligence, failure to warn, and negligent misrepresentation claims against the defendants. For the reasons that follow, we affirm the trial court’s grant of summary judgment.

To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56 c. A defendant may do this 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 a plaintiff’s case. If there is no evidence sufficient to create a genuine issue as to any essential element of a plaintiff’s claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial. A defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the burden on the party moving for summary judgment may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.1

Georgia Cas. & Sur. Co. v. Salter's Indus. Serv. Inc.

No evidence showed that an industrial electrician's act of installing a manual switch to power a re-heater, which eventually became the origin of a warehouse fire, was a breach of any code section or standard of reasonable care.

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