Jackson v. City of Hahira

City's alleged failure to keep its railroad crossing signs visible with fresh paint could not have caused plaintiff to collide with a train, since it was undisputed that she stopped and looked before crossing the tracks.

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Janice A. Bryant, Ricky and Debbie Jackson, and Amanda Jackson appeal the trial court’s order granting the City of Hahira summary judgment in their personal injury actions arising out of the collision of Bryant’s automobile and a train in Hahira. Ricky Jackson brought suit as the next friend of minor Amanda Jackson who was a passenger in Bryant’s car at the time of the wreck. Ricky and Debbie Jackson also sued individually for their damages flowing from Amanda Jackson’s injuries. The appellants contend the trial court erred in applying an incorrect standard on summary judgment. Finding no error, we affirm.

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. 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 genuine 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.

Jackson v. City of Hahira

City's alleged failure to keep its railroad crossing signs visible with fresh paint could not have caused plaintiff to collide with a train, since it was undisputed that she stopped and looked before crossing the tracks.

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