Duvall v. Green

We granted William Duvall’s application for interlocutory review of the trial court’s order denying his motion for summary judgment. Joan Green sued Duvall after she injured herself while providing home care for Duvall’s wife. Because Green presented no evidence that Duvall was negligent, we reverse. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. Our review of a grant of summary judgment is de novo, and we view the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmovant. Supchak v. Pruitt , 232 Ga. App. 680, 682 503 SE2d 581 1998.

The record shows that Green worked in Duvall’s home, caring for his invalid wife. She injured herself when her knee buckled as she was walking down the stairs. She submitted an affidavit in response to Duvall’s motion for summary judgment which stated that Duvall did not help her with lifting Mrs. Duvall in and out of bed and also that Duvall had knowledge of the “potentially harmful” condition of the steps.