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Zeimaran v. Commercial Concepts Inc.

A Salon owner's claim against architect failed, because owner could not show that architect's failure to include a railing around the storage area proximately caused her fall.

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Mandana Zeimaran appeals from the trial court’s grant of summary judgment to Commercial Concepts, Inc. and Lyman Davidson Dooley, Inc. on her personal injury claim. For the following reasons, we affirm. Summary judgment is proper when the evidence, construed in the nonmovant’s favor, shows that no issue of material fact remains and the movant is entitled to judgment as a matter of law. A defendant may prevail on summary judgment “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 plaintiff’s case.” Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991.

The undisputed facts in this case are that Zeimaran contracted with Lyman Davidson Dooley to prepare architectural plans for a beauty salon and contracted with Commercial Concepts to build the beauty salon. The plans called for a storage space above the ceiling. The storage area surface was to be constructed of metal decking with plywood on top. This storage area did not cover the entire ceiling, however; the remainder of the area was covered with acoustical tile.

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