General Pipeline Co. v. Hardin

Cheryl Hardin sued General Pipeline Company and Eberhardt-Grantham Contracting Company after she broke her ankle when she fell into a hole in an area where the company had replaced a gas main line. Both companies answered and, after discovery, General Pipeline moved for summary judgment. The trial court denied the motion and granted a certificate of immediate review. This court granted General Pipeline’s application for an interlocutory appeal. The company argues on appeal that the trial court erred in denying its motion for summary judgment. For the reasons that follow, we affirm the trial court’s order. “On appeal we review the trial court’s grant of summary judgment de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact. Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law.” Preferred Real Estate Equities v. Housing Systems , 248 Ga. App. 745 548 SE2d 646 2001.

So viewed, the evidence shows that on July 7, 2002, Hardin walked across the sidewalk to cross Church Street in front of her rental house in Decatur. She looked down, saw wheat straw covering what appeared to be level ground, and took a step. Her foot became stuck in a hole while her body continued moving forward and fell into Church Street, dislocating and breaking her ankle. The hole was approximately ten to twelve inches wide and deep enough that Hardin’s foot became lodged in it.