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Manesh v. Baker Equip. Eng'g Co.

The defendant was not entitled to summary judgment under the acceptance doctrine because the plaintiff presented evidence of the inherently dangerous nature of defendant's negligence in repairing a ladder that collapsed under the plaintiff's weight.

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Mehdi I. Manesh and his wife, Marsha L. Manesh, appeal from the grant of summary judgment to Baker Equipment Engineering Company in his suit for recovery for personal injury and her derivative suit for loss of consortium.1 We find that Baker Equipment failed to meet its burden to establish that no jury issue exists regarding its liability. Therefore, it was not entitled to summary judgment, and we reverse.

To prevail at summary judgment under OCGA § 9-11-56, 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. OCGA § 9-11-56 c. 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. . . . A defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case.

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