The trial court granted summary judgment on Earl Carter’s premises liability claim against Country Club of Roswell, Inc. “CCR” seeking damages for injuries he sustained when moveable wall panels in CCR’s ballroom fell on him. Carter appeals the summary judgment order, and for the reasons set forth below, we reverse. In this appeal, we “conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citations omitted. Benton v. Benton, 280 Ga. 468, 470 629 SE2d 204 2006. So viewed, the record shows that in 2006, while Carter was working as a day laborer for a temporary staffing agency, he was assigned to work for a company called Acousti. On March 13, 2006, Acousti dispatched Carter and Emerson Westwood, Acousti’s chief technician, to respond to a service call for repair of a moveable wall partition in CCR’s ballroom. This wall is comprised of seven sections of large panels1 that fold together and can be inserted into storage pockets on each side of the ballroom. One storage pocket holds three sections while the other holds four. When extended, the panels meet in the middle and divide the ballroom in half to accommodate various functions. Wheels, or trolleys, mounted to the top of the panels, roll along a track as the wall is opened and closed, and the panels are attached to these trolleys with pendant bolts. The bottoms of the panels are equipped with retractable drop seals to seal out noise.
Acousti had originally installed the moveable wall for CCR approximately ten years earlier when the facility added a ballroom addition. When Acousti installs these walls, the company routinely provides its customers with brochures and “close-out” documents showing how to maintain them. It was also Acousti’s custom to do a demonstration showing the client how to properly operate the panels and to inform them that the walls needed to be serviced approximately once per year, depending upon the frequency of use. Acousti also offered service contracts, under which the company would service the walls once or twice per year. During this service, Acousti employees would inspect each panel individually, check parts, ensure the trolleys rolled properly and grease the track. CCR did not enter into one of these service contracts, but CCR’s facility manager, William Morgan, often helped set up the wall and take it down, and at those times, he would do a “physical inspection” and request service as needed. CCR had not requested any service visits from Acousti for approximately three years prior to the incident in this case.
