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Medders v. The Kroger Co.

Plaintiff failed to show that a grocery store had constructive knowledge of a foreign substance on the floor where its employee had inspected the area only 5 to 10 minutes before plaintiff slipped and fell.

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Karen Lisa Medders appeals from the trial court’s order granting summary judgment to the Kroger Company on her slip and fall claim. Because the trial court correctly ruled that there was no evidence that Kroger had actual or constructive knowledge of the hazard, we affirm.

“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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