Bradley v. Red Food Stores (Georgia), Inc., 71777
| Decision Date | 07 May 1986 |
| Docket Number | No. 71777,71777 |
| Citation | 179 Ga.App. 39,345 S.E.2d 127 |
| Parties | BRADLEY et al. v. RED FOOD STORES (GEORGIA), INC. |
| Court | Georgia Court of Appeals |
William W. Keith III, for appellants.
Henry G. Tharpe, Jr., Cynthia N. Johnson, for appellee.
On December 12, 1983, Edith Bradley, wife of Cecil Bradley, entered defendant's grocery store where she contends she slipped and fell resulting in personal injuries. On October 12, 1984, the plaintiff wife filed an action for damages against the defendant alleging that "[t]he defendant failed to exercise ordinary care to keep its premises safe." The plaintiff wife further alleged that "[t]he floor of defendant's store had water, ice, or other such similar substance which caused the floor to become slick thereby causing plaintiff ... to fall." Plaintiff Cecil Bradley joined his wife and sought damages for loss of consortium.
The defendant filed its answer denying the material allegations of the plaintiffs' complaint and discovery was undertaken by the parties. On May 17, 1985, the defendant filed a motion for summary judgment and on July 3, 1985, the trial court granted this motion. The plaintiffs now appeal. Held:
In their only enumeration of error plaintiffs contend that the trial court erred in granting defendant's motion for summary judgment. We do not agree.
There is no evidence that the plaintiff wife slipped because of a "dangerous condition" in defendant's store. In her complaint, the plaintiff wife alleged that "[t]he floor of defendant's store had water, ice or other such similar substance which caused the floor to become slick thereby causing plaintiff, Edith Bradley, to fall." In her deposition, the plaintiff wife affirmed that she did not know what she slipped on. In an affidavit filed in opposition to the motion for summary judgment, the plaintiff wife stated that a grill or an electrical outlet was located on the floor in the area where she fell. (The plaintiff wife does not state in her affidavit that she tripped on the grill or electrical outlet.) This evidence demonstrates that the plaintiff wife does not know whether she slipped on a slick condition caused by water, ice or "other such similar substance," or whether she tripped over a grill or an electrical outlet on the floor. ...
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