Id. The evidence and inferences must establish every element and not leave any issue to speculation.
This atmosphere was great the people were nice and pleasant, The food was good.. Defendant appeals from a judgment entered on a jury verdict in plaintiff's favor for injuries plaintiff received when he slipped and fell in a puddle of water inside the restroom doorway in one of defendant's restaurants. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. [10] (Citations and punctuation omitted.) Sanford Goffstein, Lori R. Koch, St. Louis, for appellant. The supervisor testified that he could not recall the last time the restroom had been checked and did not ask any employees if they had been in the restroom or had checked it in the hour before the accident.
OCGA § 15-3-1(d); see Court of Appeals Rule 33(a). [17] Third, Green's own evidence showed the grease was invisible and thus would not be discovered through a reasonable visual inspection. We
& Y. It was on the floor of the restroom and the supervisor testified it appeared that someone had shaken water from his hands on the floor. ROBERT G. DOWD, Jr., J. and SHERRI B. SULLIVAN, J. concur.
Law Project, a federally-recognized 501(c)(3) non-profit.
The manager of the Arnold Hardee's testified with respect to the shift inspection checklists: Plaintiff subsequently filed the underlying lawsuit against defendant to recover damages for negligence. Id. She observed that the water was dirty.
at 352, 496 S.E.2d 471. Elmore v. Wal-Mart Stores, Inc., 812 S.W.2d 178, 180 (Mo.App.1991).
The court held that the precise time that the condition existed would no longer be so important a factor, but more important would be the method of merchandising and the nature of the article causing the injury. To make a submissible case, a plaintiff must present substantial evidence for every fact essential to liability. There were no customers in the restaurant between 3pm and 4pm, but there were two or three workmen in the back doing construction.
Anytime I visit this location, the staff are always friendly and courteous. The judgment of the trial court is affirmed. [7] See Kelley v. Piggly Wiggly Southern, 230 Ga.App. 815, 537 P.2d 850, 853 (1975), which we also quote in part, as follows: Id. Great! 350, 351, 496 S.E.2d 471 (1998) ("the true ground of liability is the owner or occupier's superior knowledge of the hazard and the danger therefrom"). For its sole point on appeal, defendant contends that the trial court erred in denying its motions for directed verdict and its motion for judgment notwithstanding the verdict. Click the citation to see the full text of the cited case. Hagan, supra, 227 Ga.App. As a result of his injuries, plaintiff underwent two back surgeries, missed substantial time from work, and suffered from continuing pain and limitations on his physical activities. Plaintiff's mother went back to the men's restroom and looked at the water on the floor. at 351-352, 496 S.E.2d 471. ", "Evidence offered on motion for summary judgment is held to the same standards of admissibility as evidence at trial, and evidence inadmissible at trial is generally inadmissible on motion for summary judgment. Recently upgraded to Red Burrito with….
However, the checklists for November 15 were thrown away. banc 1998). Hearsay is never admissible and has no probative value unless it comes within a recognized exception to the rule.
Nicki was wonderful and so polite. He found himself lying in an area of dirty water, which soaked his clothes.
at 384, 474 S.E.2d 278; see Blake v. Kroger Co., 224 Ga.App. 864, Docket Number: Plaintiff was taken to a hospital emergency room.
Thank you from the Line clearance guys, Came in with a few minutes left before close, our order taker was extremely friendly and patient. Whether evidence in a case is substantial and whether inferences drawn are reasonable are questions of law.
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