Summary
The United States District Court for the Middle District of Georgia granted Publix Super Markets, Inc.'s motion for summary judgment in Robin Eason's Georgia slip-and-fall action. The court held that Eason failed to identify the substance that allegedly caused her fall and failed to create a genuine dispute regarding Publix's reasonable inspection procedures. The Clerk was directed to enter judgment for Publix.
Holdings
- Eason's allegation that she slipped on something slick or slippery, without evidence identifying what foreign substance caused the fall, was insufficient to create a genuine issue of material fact on causation. Because she could not identify the hazard or establish its cause, her negligence claim could not proceed.
- Publix was entitled to summary judgment because record evidence showed that its reasonable inspection procedures were in place and followed immediately before and during the incident, while Eason offered no additional facts creating a genuine dispute concerning adherence to those procedures or Publix's constructive knowledge.
Questions Presented
- Whether Eason presented sufficient evidence identifying a hazardous substance or condition that caused her fall to create a genuine issue of material fact on causation.
- Whether Publix established, without a genuine factual dispute, that it exercised reasonable care through inspection procedures and lacked actual or constructive knowledge of the alleged hazard.
Disposition
other
Cases Cited (22)
- Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 (1986)(followed)
- Grimes v. Miami Dade Cnty., 552 F. App'x 902, 904 (11th Cir. 2014)(followed)
- Chapman v. AI Transp., 229 F.3d 1012, 1023 (11th Cir. 2000)(followed)
- Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir. 1997)(followed)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)(followed)
- Tipton v. Bergrohr GMBH-Siegen, 965 F.2d 994, 998 (11th Cir. 1992)(followed)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-88 (1986)(followed)
- Drew v. Istar Fin., Inc., 291 Ga. App. 323, 325 (2008)(followed)
- Glynn-Brunswick Mem'l Hosp. Auth. v. Benton, 303 Ga. App. 305, 307 (2010)(followed)
- Moore v. Teague, 564 S.E.2d 817, 820 (Ga. Ct. App. 2002)(followed)
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Court Document
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