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Williams v. Truett

Questions of fact remained as to whether defendant had superior knowledge of an allegedly hazardous scrap of indoor-outdoor carpet which plaintiff slipped on when he exited defendant's mobile home.

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Appellant/plaintiff Jeffrey L. Williams brought the instant damages action against his longtime close friend appellee/defendant Danny Truett for injuries he sustained when he slipped and fell on a carpet scrap while visiting at Truett’s double-wide mobile home. Claiming status as Truett’s invitee, Williams contends that the proximate cause of his accident was Truett’s negligent failure to keep and maintain his home in a safe condition. The Haralson County superior court granted Truett’s motion for summary judgment. On appeal, Williams challenges summary judgment for Truett, variously arguing that jury questions exist as to whether Truett exercised ordinary care to prevent his injuries. Finding evidence upon which a jury could infer that Truett had superior knowledge of the condition of the carpet scrap as alleged to have caused Williams’ fall, we reverse.

Upon the appeal of a grant of summary judgment, this Court reviews the grant of summary judgment de novo to determine whether any genuine issue of material fact exists for resolution by jury. Moore v. Food Assoc., 210 Ga. App. 780, 781 437 SE2d 832 1993. Summary judgment is proper where the moving party is able to show that no genuine issue of material fact exists and that the movant is entitled to summary judgment as a matter of law. OCGA § 9-11-56 c. A defendant meets this burden by

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