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Gilliam v. Fletcher Bright Co.

The plaintiff could not recover for the injuries she sustained when she slipped on ice in the defendant's parking lot, because she knew that the air temperature was near freezing and she saw snow and ice on the lot before she got out of her car.

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Jackie Gilliam sued the Fletcher Bright Company for injuries received when she slipped and fell in the defendant’s parking lot. She appeals from the grant of summary judgment to the defendant. Finding no error, we affirm.

This Court reviews de novo the grant of a motion for summary judgment to determine whether the trial court properly found that no material issues of fact existed and that the movant was entitled to judgment as a matter of law. Moore v. Food Assocs., 210 Ga. App. 780, 781 437 SE2d 832 1993. “To recover for injuries sustained in a slip-and-fall action, an invitee must prove 1 that the defendant had actual or constructive knowledge of the hazard; and 2 that the plaintiff lacked knowledge of the hazard despite the exercise of ordinary care due to actions or conditions within the control of the owner/occupier.” Robinson v. Kroger Co., 268 Ga. 735 493 SE2d 403 1997.

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