WILLINGHAM LOAN & REALTY CO. v. Washington
311 Ga. App. 535
| Ga. Ct. App. | 2011Background
- Washington sued Willingham Loan & Realty, James A. Smith, and Briarwood Apartments for injuries from a fall on Briarwood stairs.
- On December 17, 2005, Washington fell while holding handrails on a metal exterior staircase; an eyewitness observed ice but could not prove it caused the fall.
- Washington had previously complained about the stairs being dangerous due to broken and loose steps.
- In deposition, Washington could not identify the cause of her fall, repeatedly saying she did not know what caused it.
- Under Georgia law, premises owners owe invitees a duty to keep premises safe; causation is essential in slip/trip cases and cannot be proven by mere possibility or conjecture.
- The trial court denied summary judgment; on appeal, the court reviews de novo and reverses to grant judgment as a matter of law for the owners.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there genuine causation evidence for liability? | Washington alleges owners failed to maintain stairs safely. | No evidence shows causation; mere possibility is insufficient. | Yes; no genuine causation evidence; lack of causation supports reversal. |
| May speculation support denial of summary judgment? | Evidence of dangerous stairs suggests possible causation. | Speculation cannot defeat summary judgment. | Speculation cannot defeat summary judgment; dismissal affirmed in favor of owners. |
| Is there sufficient evidence of negligence in maintenance? | Stairs were dangerous due to prior complaints and conditions. | No proven causation; maintenance negligence cannot be inferred. | Insufficient evidence of causation; no liability established. |
Key Cases Cited
- The Landings Assn. v. Williams, 309 Ga.App. 321 (Ga. App. 2011) (requires de novo review of summary-judgment denials)
- Shadburn v. Whitlow, 243 Ga.App. 555 (Ga. App. 2000) (mere possibility of causation insufficient for liability)
- Avery v. Cleveland Avenue Motel, Inc., 239 Ga.App. 644 (Ga. App. 1999) (reiterates need for evidence beyond speculation)
- Greyhound Lines, Inc. v. Williams, 290 Ga.App. 450 (Ga. App. 2008) (mere possibility of causation not enough for liability)
- Cowart v. Widener, 287 Ga. 622 (Ga. 2010) (summary judgment cannot be denied on speculation)
- Pinckney v. Covington Athletic Club etc., 288 Ga. App. 891 (Ga. App. 2007) (causation essential in premises-liability cases)