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Chastain v. CF Ga. North DeKalb LP

The plaintiffs could not establish actual or constructive notice of the water that caused one plaintiff's fall since they both admitted that the water was difficult to detect.

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T. Z. Chastain and his wife appeal from the trial court’s grant of summary judgment to defendants on his slip and fall claim1 against North DeKalb Mall and Initial Contract Services, the company that provided janitorial service for the mall’s common areas. Because the trial court correctly concluded that the Chastains were unable to show that the mall had actual or constructive knowledge of the water which caused the fall, we affirm.

In order to prevail on summary judgment, “the moving party must demonstrate that there are no genuine issues of any material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, support judgment as a matter of law.” Hutchins v. J. H. Harvey Co., 240 Ga. App. 582, 584 524 SE2d 289 1999. “A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.” Emphasis omitted. Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991.

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