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Watts & Colwell Builders Inc. v. Martin

No evidence showed that the landlord of the plaintiff's employer should have discovered and repaired a faulty hinge on a handicap bathroom stall prior to it falling off of its hinges, knocking her to the ground and causing her injuries.

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In this interlocutory appeal, Watts & Colwell Builders, Inc. “Watts” appeals from the trial court’s denial of its motion for summary judgment in a personal injury case brought by Carol Martin and her husband Barry Brown collectively “Martin”. For the reasons set forth below, we reverse. Summary judgment is appropriate when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. “On appeal, we review the grant or denial of summary judgment de novo, construing the evidence and all inferences in a light most favorable to the nonmoving party.” Citation and footnote omitted. Pirkle v. Robson Crossing , 272 Ga. App. 259 612 SE2d 83 2005.

So viewed, the record shows that this lawsuit arises from injuries Martin received when the door to a handicap bathroom stall fell off of its hinges and knocked her onto the ground. Martin deposed that “when I came out of the facilities, the door came and slapped me on the back and hit me and knocked me to the ground. And I was laying on the floor and couldn’t get up underneath the door. And I had try to push it off of me.” According to Martin, the door came completely off both hinges when it fell.

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