Quarles v. Georgia Serv. Sys. LLC

The plaintiff failed to show that the defendant had actual or constructive knowledge of the allegedly defective mat on which she slipped and fell outside the restaurant's exit door.

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Bette Quarles sued Georgia Service Systems, L.L.C., d/b/a Western Sizzlin, “the restaurant” for negligence, claiming that she was injured when she slipped and fell on a mat as she exited the restaurant. The restaurant moved for summary judgment, which the trial court granted. Quarles appeals, and for reasons that follow, we affirm. A trial court properly grants summary judgment when there is no genuine issue of material fact and the facts, construed most favorably to the non-moving party, demonstrate that the moving party is entitled to judgment as a matter of law.1 Viewed in this light, the record shows that, on February 17, 2001, Johnny Miller opened the restaurant at approximately 11:00 a.m. Shortly before opening, Miller, who owns the restaurant, “conducted a walk-through inspection of the grounds surrounding the restaurant,” including the mats in front of the restaurant doors. According to Miller’s affidavit, he “did not see any wrinkled or crumpled places in the mats.”

At noon, Quarles entered the restaurant for lunch. Before receiving her food, she realized that she had left in her car certain documents that she needed to review. Thus, Quarles decided to return to her car to get the paperwork. As she was exiting the restaurant, however, she tripped and fell. Quarles testified on deposition that just outside the exit door, she tripped over a mat, which she described as “rumpled and crumpled.” Specifically, Quarles said that she caught her foot on a wrinkle in the mat and was unable to regain her balance because that mat and an adjacent mat were wet as a result of heavy thunderstorms earlier in the day.2

Quarles v. Georgia Serv. Sys. LLC

The plaintiff failed to show that the defendant had actual or constructive knowledge of the allegedly defective mat on which she slipped and fell outside the restaurant's exit door.

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