Valentin v. Six Flags Over Ga. II LP

The absence of prior incidents did not absolve the defendant from liability for its alleged failure to inspect and remedy a mildewed rubber mat on the stairway exiting its water ride.

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In this premises liability action, Maria Valentin alleges she injured her knee when a mat slipped beneath her and caused her to fall as she exited the “Thunder River” water ride at the Six Flags Over Georgia amusement park. Valentin contends that Six Flags failed to adequately secure and inspect the mat on which she slipped and fell. The trial court granted summary judgment in favor of Six Flags, and Valentin appeals. Because the record before us reveals genuine issues of material fact regarding Six Flags’ liability, we are constrained to reverse. Georgia precedent is clear that as a general proposition, issues of negligence, contributory negligence and lack of ordinary care for one’s own safety are not susceptible of summary adjudication, but should be resolved by trial in the ordinary manner. The trial court can conclude as a matter of law that the facts do or do not show negligence on the part of the defendant or the plaintiff only where the evidence is plain, palpable and undisputable. Citations and punctuation omitted. Robinson v. Kroger Co. , 268 Ga. 735, 739 1 493 SE2d 403 1997. We conduct a de novo review and must “view the evidence and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Matjoulis v. Integon Gen. Ins. Corp. 226 Ga. App. 459 1 486 SE2d 684 1997.

So viewed, the evidence shows that Valentin was wet when she descended the stairway of the “Thunder River” water ride and stepped upon a rubber mat laying atop the wooden floorboards. The mat rolled and slid underneath Valentin, causing her to slip and fall and injure her knee.1 When Valentin stood up from the fall, her hands and clothes were covered with a green, slimy substance which appeared to be mildew. Valentin saw this same substance underneath the surface of the rolled up mat. According to Valentin, the surface beneath the mat ” was full of mildew, all green, and sticky.”

Valentin v. Six Flags Over Ga. II LP

The absence of prior incidents did not absolve the defendant from liability for its alleged failure to inspect and remedy a mildewed rubber mat on the stairway exiting its water ride.

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