Coral Christian sued Eagles Landing Christian Academy, Inc. Eagles Landing, a private school, for injuries sustained during cheerleading practice. The trial court granted summary judgment to Eagles Landing on the ground that Coral had assumed the risk of sustaining an injury, and Coral appeals that finding. Eagles Landing cross-appeals the denial of its summary judgment motion based on the liability waivers signed by Coral and her parents. While a teenager does not assume all risk of injury merely by participating in extracurricular sports, under the unique facts of this case, we affirm the trial court’s grant of summary judgment to the school, and do not reach the liability release issue. 1. On appeal we review the trial court’s grant of summary judgment de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact. Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law. Preferred Real Estate Equities v. Housing Systems , 248 Ga. App. 745 548 SE2d 646 2001. Further, when ruling on a motion for summary judgment, a court must give the opposing party the benefit of all reasonable doubt, and the evidence and all inferences and conclusions therefrom must be construed most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp. , 187 Ga. App. 594, 596 370 SE2d 843 1988. On motions for summary judgment, however, courts cannot resolve the facts or reconcile the issues. Fletcher v. Amax, Inc. , 160 Ga. App. 692, 695 288 SE2d 49 1981. When reviewing the grant or denial of a motion for summary judgment, this court conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City, Inc. , 229 Ga. App. 160, 163 1 493 SE2d 540 1997. Finally, when a defendant moves for summary judgment based on an affirmative defense, such as assumption of the risk, it bears the burden of pointing to evidence establishing that defense. Cleaveland v. Gannon , 288 Ga. App. 875, 880 655 SE2d 662 2007.
The record includes the depositions of Coral, her mother and father, her cheerleading coach Beth Etheridge, another cheerleading coach Cynthia Hunter, and the school’s corporate representative Michelle Holland, who is an administrative assistant and as of 2006 the school’s “cheer director.” Of these, only Coral, her mother, Coach Etheridge, and Coach Hunter were present when Coral was injured on October 13, 2005, during her cheerleading squad’s warmup before a football game, and only Coral and Etheridge saw the stunt.
