Two-year-old Tarmaine Boyd, Jr. was struck and killed by an automobile while playing in the parking lot behind his parents’ apartment. His parents brought this premises liability case for the wrongful death of their son against Green Growth 1, LLC, the owner of the apartment complex. They alleged that Green Growth had failed to exercise ordinary care in keeping the parking lot safe by not erecting a buffer zone between the area where children usually played and the vehicular traffic on the premises. The trial court granted summary judgment to Green Growth on the ground that it did not have superior knowledge of any defective condition on the premises that would trigger a legal duty. For the reasons discussed below, we affirm. To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56 c. A defendant may do this 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. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiff’s claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial. Emphasis omitted. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. Our review of a trial court’s grant of summary judgment is de novo. Steed v. Fed. Nat. Mtg. Corp. , 301 Ga. App. 801, 802 689 SE2d 843 2009. Viewed in this manner, the record showed that Boyd’s parents leased an apartment from Green Growth. Behind the apartment was a parking lot used by the tenants and guests of the five adjoining apartment homes. Children, including Boyd, who was two years old, routinely played in the parking lot.
The back of the parking lot was adjoined by a church. When Boyd’s parents first moved into the apartment, a fence and gate at the rear of the parking lot separated the lot from the church. Approximately one year later, construction work began at the church, and construction workers removed the fence and gate. For several months thereafter, construction workers regularly used the parking lot as a cut-through to gain access to the church’s property.
