Gordon v. Athens Convalescent Center Inc., 55519

Decision Date06 June 1978
Docket NumberNo. 55519,55519
Citation146 Ga.App. 134,245 S.E.2d 484
PartiesGORDON v. ATHENS CONVALESCENT CENTER, INC.
CourtGeorgia Court of Appeals

Carl C. Aven, III, Athens, for appellant.

Hudson & Montgomery, James E. Hudson, Athens, for appellee.

SMITH, Judge.

Gordon appeals from the directed verdict entered against her on her two counts alleging negligence. We affirm.

Gordon sued the Athens Convalescent Center alleging employees of the latter had negligently allowed ice cubes to fall onto and remain upon its floor, causing Gordon to fall and break her hip. She also alleged employees of the Center were negligent in helping her onto her feet after her fall, seating her in a wheelchair, and then placing her in an ambulance for transit to a hospital, which additional negligence caused aggravation of her initial injury. Gordon was eighty years old at the time of the accident and was employed as a nurse by a patient of the Center.

On trial Gordon testified that she had seen no ice cubes on the floor where she fell, that she did not recall having slipped on anything, that she had felt no dampness on the floor where she fell, that she knew of no defect in the floor, and that she did not know why she had fallen. Another employee of the Center testified that she looked at the floor after Gordon fell and saw nothing thereon. A third employee testified, "At the time she fell there I felt on the floor, and there wasn't anything on the floor." There was evidence that, about an hour before the fall, the Center's employees had delivered ice to patients. The evidence also showed that the aid given Gordon after her fall was rendered in good faith and without charge.

1. It did not appear that the Center's employees had negligently allowed any foreign substance to fall and remain upon the floor where Gordon fell. In fact, the testimony conclusively showed that there was nothing on the floor where she fell. Gordon did introduce, over the Center's objection, a written statement taken from the Center's files, which statement was to the effect that the floor was damp near where Gordon had fallen. However, that statement was inadmissible hearsay of no probative value, and the trial court erroneously admitted it. Gordon had offered the statement into evidence, on different occasions, claiming it was admissible both as a business record (Code § 38-711) and as an admission by an agent of the Center (Code § 38-406). But, Gordon did not show that the statement was made in the regular...

To continue reading

Request your trial
6 cases
  • Johnston v. Grand Union Co.
    • United States
    • Georgia Court of Appeals
    • October 18, 1988
    ...utterer was in fact an agent (Seaboard Coast Line R. Co. v. Carter, 226 Ga. 825, 827(2), 177 S.E.2d 683; Gordon v. Athens Convalescent Center, 146 Ga.App. 134, 135, 245 S.E.2d 484) and wherever this is the case, as here, there is certainly no authority for its entry into evidence as an admi......
  • Garrison v. Rich's
    • United States
    • Georgia Court of Appeals
    • June 18, 1980
    ...floor to become dangerous, or breached any duty owed appellant. Thus, the directed verdict was not error. Gordon v. Athens Convalescent Center, 146 Ga.App. 134, 245 S.E.2d 484 (1978). In view of this holding, we find no error in the trial court's instruction to the jury that the fact that t......
  • Poppell v. Georgia Power Co., 60655
    • United States
    • Georgia Court of Appeals
    • February 11, 1981
    ...a verdict in favor of Georgia Power on the theory that it was guilty of independent acts of negligence. Gordon v. Athens Convalescent Center, 146 Ga.App. 134, 245 S.E.2d 484 (1978). Compare Isom v. Schettino, 129 Ga.App. 73, 76, 199 S.E.2d 89 (1973). 3. Poppell enumerates as error the admis......
  • Williams v. City of Social Circle
    • United States
    • Georgia Court of Appeals
    • March 7, 1997
    ...her agency, she has not shown that the clerk was " 'acting within the scope of [her] authority....' " Gordon v. Athens Convalescent Center, 146 Ga.App. 134, 135(1), 245 S.E.2d 484 (1978). Without any such evidence, Williams has not established the hearsay declarations upon which she relies,......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT