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Trans-Vaughn Dev. Corp. v. Cummings

The plaintiff had equal knowledge of an allegedly hazardous back entrance to her officer building through her prior repeated use of that entranceway.

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Defendant Trans-Vaughn Development Corporation appeals from the trial court’s order denying its motion for summary judgment. Trans-Vaughn contends the trial court erred in denying its motion because the undisputed material facts show that plaintiff Shelley Cummings had equal knowledge of the alleged dangerous condition of the entranceway where she slipped and fell. We agree and reverse. Summary judgment is appropriate when there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. Botterbusch v. Preussag Intl. Steel Corp. , 271 Ga. App. 190 609 SE2d 141 2004. In evaluating whether summary judgment is proper, the evidence and all reasonable inferences drawn therefrom must be construed in the light most favorable to the nonmovant. Id. With these principles in mind, we turn to the facts of the present case, relying for our decision only on those facts that are not in dispute or that have been construed in the light most favorable to Cummings.

The Slip and Fall Incident. Cummings was injured in a slip and fall incident that occurred when she was exiting from the premises occupied by her employer, the Coweta County Department of Family and Children Services “DFCS”, which in turn leased the premises from Trans-Vaughn.1 Cummings began working as a case manager for DFCS on April 16, 1999. From the time she began her tenure with DFCS until the time of the slip and fall incident, Cummings worked in the office building where the incident occurred.

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