Background

• Taylor sued Thunderbird for injuries from a slip-and-fall at a Stars and Strikes bowling alley in Dallas, GA (Sept. 14, 2008).
• Plaintiff alleges Thunderbird breached its duty to keep premises reasonably safe for invitees by creating or allowing a hazardous condition (oil) on the approach to the foul line.
• Oil was observed on the lane area by Taylor’s son on the foul side, not the approach side; Taylor and others did not notice oil on the approach.
• Taylor did not know the precise cause of her fall and could not prove oil on the approach caused the accident; Thunderbird asserted no genuine issue of material fact on causation.
• The trial court granted summary judgment to Thunderbird; the appellate court reviews de novo and affirms when no genuine issue of material fact exists regarding causation.
• The court ultimately affirms, and does not reach the superior-knowledge argument because causation was not shown.

Issues

Key Cases Cited

• McCaskill v. Carillo, 263 Ga. App. 890 (2003) (de novo review of summary-judgment rulings; favorable-inference standard for movant)
• Glynn-Brunswick Mem’l Hosp. Auth. v. Benton, 303 Ga. App. 305 (2010) (summary judgment proper when plaintiff’s theory is conjecture about hazard)
• Pinckney v. Covington Athletic Club & Fitness Ctr., 288 Ga. App. 891 (2007) (plaintiff’s belief of algae on pool deck lacked proof of hazardous condition)
• H. J. Wings & Things v. Goodman, 320 Ga. App. 54 (2013) (concerning whether conjecture about waxing creates genuine issue)
• Willingham Loan & Realty Co. v. Washington, 311 Ga. App. 535 (2011) (failure to show hazardous condition where cause unknown)
• J. H. Harvey Co. v. Reddick, 240 Ga. App. 466 (1999) (reversing where plaintiff’s assumption created no genuine issue)
• Goodman v. Wings & Things, 320 Ga. App. 57 (2013) (superior-knowledge issue not reached due to lack of causation proof)