Season All Flower Shop, Inc. v. Rorie
323 Ga. App. 529
| Ga. Ct. App. | 2013Background
- Vera Rorie slipped in the Pristine Chapel foyer while attending a wedding on a rainy day.
- Rorie testified moisture caused the slip; the floor itself was not visibly wet.
- The foyer contained a guest-book table placed to direct guests to entrances; no floor mats or caution signs were confirmed as present by witnesses.
- Pristine Chapel followed rainy-day procedures per staff, including mats and signs, though not all photos were admitted as exhibits.
- The trial court denied summary judgment, finding a potential “unusual accumulation” issue and possible knowledge of a hazard.
- The appellate court reversed, holding no evidence supported an unusual accumulation or that the Chapel had knowledge sufficient for liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of a hazardous condition | Rorie: there was an unusual moisture condition near the lobby area | Pristine Chapel lacked evidence of an unusual accumulation | No genuine issue; no hazardous condition shown |
| Knowledge of the hazard and fault in inspection | Rorie asserts knowledge via continued rain-entry实践 | Chapel evidence insufficient to show knowledge or failure to inspect | No material fact on knowledge/inspection; judgment for defendant |
Key Cases Cited
- El Ranchero Mexican Restaurant v. Hiner, 316 Ga. App. 115 (Ga. App. 2012) (premises liability; unusual accumulation required to impose liability)
- Glynn-Brunswick Mem. Hosp. Auth. v. Benton, 303 Ga. App. 305 (Ga. App. 2010) (rainy day slip-and-fall; failure to prove unusual accumulation)
- Hayward v. The Kroger Co., 317 Ga. App. 795 (Ga. App. 2012) (affirmed summary judgment where no unusual accumulation shown; rainy-day rule)