Behforouz v. Vakil

Soussan Behforouz was injured when she slipped and fell on a rug in her mother’s house. Behforouz and her husband thereafter sued Behforouz’s mother, Farokh Vakil, for Behforouz’s personal injuries and her husband’s alleged loss of consortium. Vakil moved for summary judgment, which the trial court granted. Behforouz and her husband appeal from this ruling. Since the evidence reveals that Behforouz was a licensee at the time she suffered her injury, and her mother did not act with any intent to harm her, we discern no error and affirm. On appeal from the grant of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party was entitled to judgment as a matter of law. Holbrook v. Stansell , 254 Ga. App. 553-554 562 SE2d 731 2002.

So viewed, the evidence shows that Behforouz was injured when she slipped on a rug while walking through the foyer of her parents’ home. Behforouz went to her parents’ house to pick up her son, who had been left at the home because Behforouz did not have time to pick him up from school. By her own admission, Behforouz was going upstairs to get her son at the time of her injury, not performing any service for her parents.