Gibson v. Symbion Inc.

The plaintiff failed to present any evidence showing that a handicap ramp at the entrance to the defendant's clinic was improperly designed or constructed.

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Evelyn M. Gibson and her husband1 appeal from the trial court’s grant of summary judgment to Symbion, Inc. d/b/a Premier Surgery Center Symbion, on Gibson’s claim for damages resulting from a slip and fall on Symbion’s premises. In reviewing a grant of summary judgment pursuant to Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991, this Court conducts a de novo review of the law and the evidence, Desai v. Silver Dollar City , 229 Ga. App. 160, 163 1 493 SE2d 540 1997, giving the opposing party the benefit of all reasonable doubt and construing the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Clark v. Cauthen , 239 Ga. App. 226, 227 1 520 SE2d 477 1999. If a defendant who does not bear the burden of proof at trial demonstrates that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case, the burden shifts to the nonmoving party to point out specific evidence giving rise to a triable issue. Lau’s Corp. , supra.

So viewed, the evidence was that, on May 22, 2001, Gibson’s nephew was having surgery at the Symbion clinic at 7:00 a.m., and Gibson went to be with him and his mother. On her way, she stopped at McDonald’s and got a biscuit and a small cup of coffee to take with her and proceeded to the parking lot of Symbion. This was her first visit there. After parking her car in the rear of the facility, Gibson walked across the lot toward the sidewalk. At the end of the sidewalk was a small dumpster into which she placed some trash before walking down the sidewalk. Gibson, wearing sandals with straps and backs on them, walked down the sidewalk carrying her sack and cup of coffee. Gibson described the lighting conditions as “it wasn’t dark, but it wasn’t light yet either.”

Gibson v. Symbion Inc.

The plaintiff failed to present any evidence showing that a handicap ramp at the entrance to the defendant's clinic was improperly designed or constructed.

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