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Dickerson v. Guest Servs. Co. of Va.

The plaintiff had equal knowledge that the step she slipped on at a restaurant in an amusement park might be wet, since it was raining that day and the steps were located only a few feet from the building's entrance.

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After slipping and falling on wet stairs at a restaurant in the Six Flags Over Georgia amusement park, Virginia Dickerson sued Six Flags Over Georgia, LLC; Six Flags Over Georgia II, LP; and Guest Services Company of Virginia collectively, Six Flags for negligence. Six Flags sought summary judgment on the grounds that it had acted reasonably to keep her safe and that it had no actual or constructive knowledge of any hazardous condition, and the trial court granted the motion. Dickerson appeals, but we affirm. Summary judgment is proper when there is no genuine issue of material fact and the undisputed facts, considered in the light most favorable to the nonmovant, warrant judgment as a matter of law.1 We review a trial court’s grant of summary judgment de novo.2

Viewed in the light most favorable to Dickerson, the record shows that one May morning, she rode with her daughter and grandsons from Columbus to Six Flags. They encountered “spells of rain” along the way, but the rain had stopped by the time they reached the park at noon. There were rain puddles on the ground, and Dickerson carried her umbrella into the park. After entering the park, the family went to Savannah Bake Shop to have a snack and wait for friends to join them. The building that housed the restaurant also housed a gift shop on a lower level accessible by three internal stairs. When Dickerson entered the building, she saw water on the floor from other people who had previously entered.

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