Elizabeth Reid, individually and on behalf of her two children, Antwuan Johns and Christine Johns,1 appeals from the trial court’s grant of summary judgment to truck driver Yingst, his employers, Midwest Transportation and Ward Logistics, Inc., and their insurer, Great West Casualty Company, in her suit alleging negligence and negligence per se arising from a traffic accident. In reviewing a grant of summary judgment pursuant to Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991, this Court conducts a de novo review of the law and the evidence, Desai v. Silver Dollar City , 229 Ga. App. 160, 163 1 493 SE2d 540 1997, giving the opposing party the benefit of all reasonable doubt and construing the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Clark v. Cauthen , 239 Ga. App. 226, 227 1 520 SE2d 477 1999. If a defendant who does not bear the burden of proof at trial demonstrates that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case, the burden shifts to the nonmoving party to point out specific evidence giving rise to a triable issue. Lau’s Corp. , supra.
1. In her first enumeration of error, Reid contends that the trial court used an incorrect standard when considering summary judgment because he did so on “relatively undisputed facts.” The trial court’s order states that to prevail at summary judgment under O.C.G.A. § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts viewed in the light most favorable to the non-moving party, warrant judgment as a matter of law. Lau’s Corp. , supra. With this standard in mind , the relatively undisputed facts are as follows: Emphasis supplied.
