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Berson v. American Golf Corp.

A question remained as to whether the plaintiff's fall was caused by a newly waxed floor in a golf course club house about which she was not warned.

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The appeal in this slip-and-fall case is from the grant of summary judgment to the defendant premises owner. Because there are genuine issues of material fact about whether the plaintiff had knowledge of the alleged hazard, the trial court erred in granting summary judgment. We therefore reverse the court’s ruling. On July 19, 1999, Irene Berson went to play golf at the Bobby Jones golf course in Fulton County. She had never played there before and was walking through the club house in golf shoes with metal spikes when she slipped and fell on a waxed tile floor. Berson sued the course owner, American Golf Corporation, alleging that she broke her ankle in the fall and that the injury was caused by American Golf’s failure to warn of the danger of walking on the newly waxed floor.

American Golf moved for summary judgment. The trial court granted the motion, finding that Berson contends only that the tile floor —not the wax on the floor —caused her to fall, and that she knew walking on a tile floor with spikes was risky. Based on those findings, the court concluded that Berson had equal knowledge of the hazard and that American Golf had no duty to warn about the open and obvious tile floor.

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