In this premises liability case, Lawrence and Debra Britton sued several parties for injuries Lawrence Britton sustained when he fell through an opening in the second story floor of a garage. The trial court granted summary judgment to all defendants. Because there is an issue of fact with regard to whether Britton exercised ordinary care for his safety, we reverse the grant of summary judgment in part. “Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Citation omitted. Murray v. Fitzgerald Convenient Centers, Inc. , 239 Ga. App. 799 521 SE2d 915 1999.
Construing the evidence most favorably to the Brittons, the record reveals that on September 6, 2002, Keith and Michelle Woodard moved into a home owned by Roy and Sue Farmer pursuant to an occupancy agreement between the parties. The Farmers had already vacated the home, and the sale of the home to the Woodwards was to take place at a later date. Next to the home was a two-story garage with a spiral staircase connecting the two floors. On the second floor of the garage was an office with a two-foot by five-foot opening in the floor. The opening was located just to the inside of the inward opening office door and slightly to the left. It was used to move large objects such as furniture into the room and was usually covered with an access panel. Prior to vacating the home, Roy Farmer informed Keith Woodward that the panel had been removed so that the Farmers could remove their furniture. Keith Woodward then asked the Farmers to leave the opening uncovered so that the Woodwards could move their furniture into the office space.
