Randall Little, D.M.D., filed a premises liability claim against St. Vivant Limited Partnership and European American Realty Ltd. “EAR” after he slipped and fell in the back parking lot of One Crowne Center in Clayton County, where he rented space for his dental office. EAR, the owner of the building, filed a third-party complaint against Alliance Fire Protection, Inc. Alliance filed a motion for summary judgment. Although EAR did not file its own motion for summary judgment, it adopted Alliance’s argument that Little’s claims failed as a matter of law because he failed to exercise due care for his own safety. The trial court subsequently granted summary judgment to both Alliance and EAR, and Little appeals. In order to prevail on its motion for summary judgment, the defendants were required to establish that no genuine issue of material fact exists and that it is thus entitled to 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 the plaintiff’s case.” Footnote omitted. Wallace v. Wal-Mart Stores, 272 Ga. App. 343 612 SE2d 528 2005. On appeal from a order of summary judgment, this Court reviews “the evidence and record de novo, construing all reasonable conclusions and inferences in favor of the nonmovant.” Footnote omitted. Howard v. Gram Corp., 268 Ga. App. 466, 467 602 SE2d 241 2004.
Viewed in that light, the evidence shows that on the morning of January 7, 2004, the temperature was around 18 degrees, and the weather was clear and dry, with no rain or snow. At about 6:30 a. m. that morning, Alliance released approximately1000 gallons of water into the roof drains of One Crowne Center as part of its annual fire sprinkler inspection of the building. The drain pipes channeled the water behind the building and directly across the back parking lot.
