In this “trip and fall” premises liability case, plaintiff Margaret Landrum “Landrum” appeals the trial court’s grant of summary judgment in favor of defendants Enmark Stations, Inc., Colonial Oil Industries, Inc., and Colonial Group, Inc. collectively, “Enmark”. In three related enumerations, Landrum contends the trial court erred in granting summary judgment because material issues of fact remain as to whether Enmark had constructive knowledge of an uneven crack in the paved surface of its service station parking lot, and whether Landrum exercised ordinary care for her own safety when she tripped and fell on the uneven crack. We agree and reverse the trial court’s grant of summary judgment. “Summary judgment is appropriate when the court, viewing all the facts and evidence and reasonable inferences from those facts in a light most favorable to the non-movant, concludes that the evidence does not create a triable issue as to each essential element of the case.” Citations omitted. Rubin v. Cello Corp. , 235 Ga. App. 250, 251 510 SE2d 541 1998. On appeal of a grant of summary judgment, we must review the evidence de novo to determine whether the trial court erred in concluding that no genuine issue of material facts remain and that the party was entitled to judgment as a matter of law. Id. at 250.
Viewing the evidence in the light most favorable to Landrum, as the non-movant in this case, the record shows that on the day she was injured, Landrum had stopped at Enmark’s service station to purchase gasoline for her car, intending to use her credit card to pay at the gasoline pump. Upon exiting her vehicle, Landrum noticed a sign indicating that the pump was not currently accepting credit cards and that customers could purchase gasoline by prepaying for it inside the service station store. Accordingly, Landrum walked away from her vehicle, across the parking lot, and into the service station store to prepay for her gasoline. When she finished paying, Landrum began to walk back to her vehicle; her return route across the parking lot was slightly different from the one Landrum had originally taken on her way into the service station store. Before Landrum reached her car, however, the toe of her shoe caught on an uneven crack in the surface of the paved parking lot, causing Landrum to fall and injure herself. Landrum testified that she had not seen the crack in the pavement before she tripped; despite it being a clear, sunny day, Landrum stated that the crack was the same color as the surrounding asphalt and blended into the surface of the parking lot.
