Artesiano v. K-Mart Corp., K-MART
Decision Date | 18 November 1987 |
Docket Number | No. 74886,K-MART,74886 |
Citation | 363 S.E.2d 177,184 Ga.App. 895 |
Parties | ARTESIANO v.CORPORATION et al. |
Court | Georgia Court of Appeals |
Eugene A. Medori, Jr., Decatur, Alice P. Weinstein, Atlanta, for appellant.
Lawrie E. Demorest, Atlanta, for appellees.
Olimpia Artesiano (plaintiff) brought an action against K-Mart Corporation (K-Mart) and Ward Building Services, Inc. (Ward) and alleged she sustained injuries after she slipped and fell on "wax" on the floor of K-Mart's department store. More specifically, plaintiff alleged that K-Mart and Ward were negligent in maintaining the floor of K-Mart's department store and that K-Mart "failed to exercise ordinary care in keeping its premises and approaches safe ..." K-Mart and Ward filed separate answers, both denying the material allegations of plaintiff's complaint, and subsequently filed separate motions for summary judgment against plaintiff.
The undisputed facts show that Ward, pursuant to a contractual arrangement with K-Mart, completed cleaning and waxing the floors of K-Mart's department store at about 7:00 in the morning on April 29, 1984. Later that afternoon, about 1:00, plaintiff went to K-Mart's store with her husband, her son Mario Artesiano and her grandson to purchase merchandise. Upon entering the store, the group separated and, as plaintiff and her grandson were walking together through the store, plaintiff slipped and fell.
Plaintiff's evidence regarding the circumstances of her fall was summarized in her affidavit and the affidavit of her son, Mario Artesiano. In this regard, plaintiff testified, in pertinent part, as follows:
Mario Artesiano, testified in pertinent part, as follows: (K-Mart's assistant manager, Mr. Jimmy Schafer, offered no testimony on behalf of plaintiff, K-Mart or Ward.)
The trial court granted K-Mart's and Ward's motions for summary judgment in separate orders and this appeal followed. Held:
1. In her first and second enumerations of error, plaintiff contends the trial court erred in granting Ward's motion for summary judgment.
In Alterman Foods v. Ligon, 246 Ga. 620, 272 S.E.2d 327, the Supreme Court Martin v. Sears, Roebuck & Co., 253 Ga. 337, 338, 320 S.E.2d 174.
Upon discovery in the case sub judice, plaintiff deposed that she was familiar, based on forty-five years' experience, with proper methods of waxing floors and that her fall was due to an excessive application of wax, which she was able to smell, feel and see after her fall. Plaintiff further deposed that she discovered wax on her dress after her fall and her son testified, in his affidavit, that he examined the area where plaintiff fell and found it to be "highly waxed and very slick and slippery." Under strikingly similar circumstances in Martin v. Sears, Roebuck & Co., 253 Ga. 337, 320 S.E.2d 174, supra, the Supreme Court held that such Martin...
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Perkins v. Peachtree Doors, Inc.
...v. Sears, Roebuck & Co., 253 Ga. 337, 320 S.E.2d 174; Dykes v. Toombs County, 192 Ga.App. 856, 386 S.E.2d 730; Artesiano v. K-Mart Corp., 184 Ga.App. 895, 363 S.E.2d 177. The superior court erred in granting defendant's motion for summary judgment against plaintiff. Compare the following ca......
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Caven v. Warehouse Home Furnishings Distributors, Inc.
...no allegations have been made and nothing in the record suggests that the stain was improperly applied. Cf. Artesiano v. K-Mart Corp., 184 Ga.App. 895(1), 363 S.E.2d 177 (1987). Plaintiff points, however, to deposition testimony showing the painted concrete sidewalk was more slippery when w......
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Dykes v. Toombs County
...246 Ga. 620, 624, 272 S.E.2d 327]." Martin v. Sears, Roebuck & Co., 253 Ga. 337, 338, 320 S.E.2d 174. See Artesiano v. K-Mart Corp., 184 Ga.App. 895, 897(1), 363 S.E.2d 177. The plaintiff's evidence in the case sub judice is sufficient to satisfy the above test since plaintiff's evidence, i......