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Kennestone Hosp. Inc. v. Harris

Factual questions remained as to whether a hospital had constructive knowledge of loose telephone books lying on its loading dock.

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This case arose when Michael B. Harris, during the course of making a delivery, slipped and fell on loose telephone books lying on the loading dock at Kennestone Hospital. Harris and his wife subsequently sued the hospital for negligence and loss of consortium. The hospital moved for summary judgment on the grounds that there was no genuine issue of material fact over its own negligence and Harris’ contributory negligence. The trial court denied the motion but certified its order for immediate review, and we granted the application. We now affirm. “We apply a de novo standard of review to an appeal from a grant of summary judgment and view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. A defendant may obtain summary judgment by showing an absence of evidence supporting at least one essential element of the plaintiff’s claim.” Citations omitted. Ward v. Autry Petroleum Co. , 281 Ga. App. 877 637 SE2d 483 2006. See also Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991.

Construed in the light most favorable to Harris as nonmovant, the record reflects that at the time of the slip-and-fall incident, Harris worked as an independent contractor for Federal Express. Harris owned his own delivery truck and operated two delivery routes in Kennesaw and Marietta. As part of one of his routes, he made daily pick ups and deliveries to the loading dock at Kennestone Hospital.

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