On May 21, 2004, John Leech jumped or fell to his death from the window of a seventh-floor room at a La Quinta Inn. Carol Leech, Mr. Leech’s surviving spouse and the representative of his estate, brought this wrongful death action against La Quinta Inns, Inc., LQ Management, LLC, La Quinta Corporation collectively “La Quinta”, and Linda Cotton.1 The trial court denied in part the motion for summary judgment filed by La Quinta and Cotton, and we granted their application for interlocutory appeal. Mrs. Leech filed a cross-appeal from the trial court’s ruling that the evidence of record demands a finding that Mr. Leech committed suicide. For the reasons that follow, we reverse in part and affirm in part.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. 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. Further, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. Citations and punctuation omitted. Sudduth v. Young , 260 Ga. App. 56, 57 1 579 SE2d 7 2003. “On appeal from the denial or grant of summary judgment, the appellate court is to 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. Viewed in the light most favorable to Mrs. Leech, the record shows the following undisputed facts. Before his death, Mr. Leech had lived in Room 322 of the hotel for about six months while separated from his wife. On May 20, 2004, Mr. Leech had dinner with his girlfriend, his adult son, James Leech “James”, and his long-time friend, John Rivera; James and Rivera were both in town to attend the high school graduation of Mr. and Mrs. Leech’s daughter, Ashley Leech “Ashley”. After dinner, the group decided to go to a nearby bar. Ashley and her boyfriend met up with the group in the bar’s parking lot. When Ashley saw her father with his girlfriend, she became upset and confronted her father about his affair.
Mr. Leech returned to the hotel shortly after midnight and had a brief conversation with Cotton, who was managing the front desk that night. Cotton was the only hotel employee on duty at the time and the only hotel employee with whom Mr. Leech interacted that day. About ten minutes later, Mr. Leech returned to the front desk to book a room for Rivera. Because he specifically requested a smoking room, Cotton gave him a room on the seventh floor, where all of the hotel’s smoking rooms were located. During this transaction, Mr. Leech and Cotton had a friendly conversation about Ashley’s graduation the next day and his friend’s visit. According to Cotton, Mr. Leech was calm and cheerful when he left the front desk.
