Wiley v. Liberty Southern Inc.

The company that managed the hotel where plaintiff slipped and fell down the stairs was not entitled to summary judgment because there was evidence that a wet spot at the top of the stairs was not readily discernable to plaintiff before her fall.

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Plaintiff Debra Wiley filed a complaint seeking damages for personal injuries against defendant Liberty Southern, Inc. f/k/a Carrollton Convention Center after she slipped and fell at the Day’s Inn-Carrollton, which is managed by Liberty Southern. The trial court granted Liberty Southern’s motion for summary judgment, and Wiley filed the present appeal. We reverse.

Our review is de novo; and, we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the non-movant. McCoy v. Winn Dixie Stores, 238 Ga. App. 543 519 SE2d 689 1999. Viewed in this light, the evidence shows that Wiley, her husband and son began renting lodging at the motel on or about September 23, 1995. Wiley’s room was on the second floor and she used the stairs located near her room about four times a day. On October 13, 1995, at about 6:30 p.m., Wiley and her son left their room to go to the laundry room on the first floor. Wiley’s son was walking ahead of her with the laundry basket and was descending the stairs when Wiley slipped at the top of the stairs and fell down almost to the bottom of the steps. Wiley testified that she did not notice anything on the floor near or on the steps before her fall, but that after she fell her shoes were wet and she had a slimy, dark, thick substance on her clothes. Wiley testified she fell because of a wet spot “close to the air conditioner where the stairs were,” and after she fell, a janitor mopped the floor and placed a wet floor sign in the area. Wiley also testified that she thought the water had been on the floor for days because it had mildew or algae “or something” growing in it. However, Wiley also testified that she had never noticed the spot before the day she fell.

Wiley v. Liberty Southern Inc.

The company that managed the hotel where plaintiff slipped and fell down the stairs was not entitled to summary judgment because there was evidence that a wet spot at the top of the stairs was not readily discernable to plaintiff before her fall.

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