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Williams v. Park Walk Apartments LP d/b/a Park Walk Apartments

Plaintiff's statement in her summary judgment affidavit that she stepped off the sidewalk at her apartment complex because the sidewalk was icy contradicted her deposition testimony that she cut across the grass to reach her car as quickly as possible.

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Marion and Jimmy Williams appeal from the grant of summary judgment to Park Walk Apartments, LP d/b/a Park Walk Apartments in this premises liability case. For the reasons set forth below, we affirm.

Our review of the trial court’s grant of summary judgment is de novo.1 To prevail at summary judgment, 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 nonmoving party, warrant judgment as a matter of law.2 In premises liability cases, the routine issues, i.e., the negligence of the defendant and the plaintiff, and the plaintiff’s lack of ordinary care for her personal safety, are generally not susceptible of summary adjudication, and summary judgment is granted only when the evidence is plain, palpable, and undisputed.3

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