Bernath v. People Success Inc.

Sue and David Bernath appeal from a grant of summary judgment to People Success, Inc., the owner of the shop that sold the hot coffee that burned Ms. Bernath. We find no error and affirm. On appeal from a grant or denial of a motion of summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether the trial court erred in concluding that no genuine issue of fact remains and that the moving party is entitled to judgment as a matter of law. Rubin v. Cello Corp ., 235 Ga. App. 250 510 SE2d 541 1998.

Viewed in the light most favorable to the Bernaths, the evidence shows that Ms. Bernath’s co-worker purchased five 16-ounce cups of coffee, four of which were hot, at Somethin’s Brewin’, a coffee shop owned by People Success, Inc. “the shopowner”. The shop provided a tray with four cupholders for carrying the coffee. The co-worker carried the tray to her car and gave it to Ms. Bernath, who had already seated herself in the front passenger seat. As she did so, the co-worker warned Ms. Bernath that the tray was “very wobbly.” The co-worker then started the car, backed out of the parking space, and began to leave the parking lot. As the car began to move, Ms. Bernath lifted the coffee off her legs and said, “You’re right. This is very wobbly.” As the car went over a speed bump, the cups fell out of their holders and spilled their contents onto Ms. Bernath, who was burned.