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Callaway Gardens Resort Inc. v. Bierman

The plaintiff's own testimony established that she was aware of the general hazard and the specific hazard it created prior to her fall from a raised deck at an outdoor cafe.

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In this premises liability action, Joanna Bierman and Bob Bierman sued Callaway Gardens Resort, Inc. and the Ida Cason Callaway Foundation Callaway for injuries Joanna Bierman sustained when she fell from an outdoor deck.1 We granted this application for interlocutory appeal to review the trial court’s denial of the Biermans’ motion for summary judgment. Because Joanna Bierman had actual knowledge not only of the alleged hazard, but of the specific danger it presented, the trial court erred in denying Callaway’s motion for summary judgment. We therefore reverse. Summary judgment is appropriate when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. “On appeal, we review the grant or denial of summary judgment de novo, construing the evidence and all inferences in a light most favorable to the nonmoving party.” Citation and footnote omitted. Pirkle v. Robson Crossing , 272 Ga. App. 259 612 SE2d 83 2005.

So viewed, the record reveals that Joanna Bierman was preparing to have lunch with her two daughters, two granddaughters, and two great-grandchildren at the Discovery Center Cafe at Callaway Gardens Resort. Bierman became concerned that their table was too close to the edge of the deck, which had no guardrail and was 30 inches above the ground. Rather than request that Callaway Gardens personnel move the table, she decided to move the table herself further away from the edge for the safety of the children in her party. As Bierman walked backwards while dragging one of the chairs, she stepped over the edge of the deck and fell into an azalea bush, injuring her knee and leg.

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