Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs