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Cheek v. National Auto Sales Inc.

Plaintiff did not exercise reasonable care for her own safety when she stepped under a chain stretched across the back of defendant's car lot without noticing an obvious hole in the pavement that was directly under the chain.

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Natalie Cheek appeals from the trial court’s grant of National Auto Sales’ motion for summary judgment on her complaint for damages after she fell trying to step under a chain in back of National’s car lot. Because Cheek failed to show that she exercised reasonable care for her own safety, we affirm.

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.

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