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Murray v. West Bldg. Materials of Ga.

Evidence that the steps on which plaintiff fell did not meet building code requirements created a permissible inference that the store had knowledge of the hazardous steps.

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This appeal arises from a personal injury suit filed by Barbara Murray as a result of injuries she received when she fell while descending steps at West Building Materials of Georgia. Murray contends on appeal that the trial court erred by granting summary judgment to West. For reasons that follow, we reverse.

On appeal from the grant of summary judgment, this Court conducts a de novo review of the record, construing the evidence and all inferences in favor of the nonmoving party. Maddox v. Southern Engineering, 231 Ga. App. 802 500 SE2d 591 1998. Viewed in this light, the record shows that Murray ascended West’s concrete front steps, shopped inside the store, then began descending the steps to leave. She held the right handrail until it ended short of the last step, then let go and stepped down on her right foot. She testified that “the stair got there too quick,” that the “pattern” changed, and her foot turned. She heard a snap and saw bone protruding from her ankle under her skin. She stepped off the injured foot, then twisted her left ankle and fell to her knees.

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