Thomas v. Executive Comm. of the Baptist Convention of the State of Ga.

Whether the plaintiff's failure to observe the pothole in the defendant's parking lot amounted to a lack of reasonable care was a jury question because there was evidence that the lot was darkened, the defect was in a shadow and plaintiff had never traversed that section of the lot before.

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Hatti Thomas appeals from a State Court of DeKalb County’s grant of summary judgment to the Executive Committee of the Baptist Convention of the State of Georgia “Baptist Convention” on Thomas’ complaint for money damages for an injury Thomas suffered when she fell as a consequence of stepping in a pothole in the parking lot of the Baptist Convention Center “Center” in Toccoa. Because an issue of fact exists as to whether Thomas exercised ordinary care for her safety, we reverse. Summary judgment is appropriate when the trial court, viewing all the evidence and drawing all reasonable inferences in a light most favorable to non-movant Thomas, concludes that the evidence does not create a triable issue as to an essential element of the case. Certain issues of premises liability, such as the plaintiff’s lack of ordinary care for personal safety, are generally not susceptible of summary adjudication, and summary judgment is granted only when the evidence is plain, palpable, and undisputed.1 “Clearly, making a choice as to what to believe has no place in summary judgment.”2

With these principles in mind, the evidence of record shows that, on Friday, May 28, 1999, Thomas arrived at the Center to attend a women’s conference sponsored by her church, the Wings of Faith. Apparently, the Center has a main hotel-type facility that also contains the meeting rooms for convention topics and speakers. In this case, in order to participate fully in the convention, it was unnecessary to leave the hotel, except to eat in the Center’s cafeteria or to attend worship services at a formal chapel near the lake on the property. The cafeteria is located across the Center’s parking lot from the hotel and is accessed on foot.

Thomas v. Executive Comm. of the Baptist Convention of the State of Ga.

Whether the plaintiff's failure to observe the pothole in the defendant's parking lot amounted to a lack of reasonable care was a jury question because there was evidence that the lot was darkened, the defect was in a shadow and plaintiff had never traversed that section of the lot before.

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