After Michelle Borror and Ryan Holt died in an electrical fire at their mobile home in Richmond County, their parents sued Lewis Vann, an electrical inspector with the Augusta License Inspection Department, for wrongful death.1 The Department assigned Vann to inspect the home before Georgia Power connected electricity to it, and the parents allege that Vann negligently failed to inspect the home at all or, at the least, to inspect it properly, and they assert that his negligence is a proximate cause of the deaths of their children. After discovery was complete, Vann moved for summary judgment, but the court below denied his motion. Vann now appeals from the denial of summary judgment,2 contending that he has immunity with respect to his duty to inspect the home and, in any event, that there is no evidence from which a jury properly might find that his negligence, if any, is a proximate cause of the deaths.3 Upon our review of the record, we see no error in the denial of summary judgment, and we affirm the judgment below. The standard for summary judgment is settled and familiar. Summary judgment is warranted when one or more material facts are undisputed, as shown by the pleadings and the evidence of record, and these facts entitle one party to judgment as a matter of law. Strength v. Lovett , 311 Ga. App. 35, 39 2 714 SE2d 723 2011. If the record shows that the plaintiff cannot possibly prove an essential element of his case for which he would bear the burden of proof at trial, see Cowart v. Widener , 287 Ga. 622, 623 1 697 SE2d 779 2010, or if it shows that the defendant has proved conclusively an affirmative defense to the claims of the plaintiff, see Weston v. Dun Transp. & Stringer, Inc. , 304 Ga. App. 84, 85 695 SE2d 279 2010, the defendant is entitled to summary judgment. When a defendant moves for summary judgment based on the inability of the plaintiff to prove an element of his case, the defendant need only point “to an absence of evidence in the record by which the plaintiff might carry the burden to prove that element,” and if the defendant does so, the plaintiff “cannot rest on his pleadings, but rather must point to specific evidence giving rise to a triable issue.” Strength , 311 Ga. App. at 39 2 citations and punctuation omitted. When a defendant, however, moves for summary judgment based on an affirmative defense, the defendant must come forward with evidence sufficient to prove each element of his defense, and he is entitled to summary judgment only if he does so, and only if the plaintiff then fails to come forward with any evidence to dispute one or more elements of the defense. See Weston , 304 Ga. App. at 85. We review the denial of a motion for summary judgment de novo, viewing the evidence in the record, as well as any inferences that might reasonably be drawn from that evidence, in the light most favorable to the nonmoving party. Strength , 311 Ga. App. at 36.
So viewed, the record in this case shows that Holt leased a mobile home in July 2006 for himself and Borror, and Georgia Power was asked to connect electrical power to the home. Because it had been vacant for more than 180 days, however, a reconnect inspection4 was required before electrical power could be connected, and Georgia Power advised that someone should contact the Augusta License Inspection Department to schedule an inspection. The Department was contacted, and it assigned Vann to conduct the inspection.5
