Taylor v. Thunderbird Lanes LLC, 2013 Ga. App. LEXIS 774

Motion for summary judgment granted on behalf of bowling center from claim of slip and fall.

The plaintiff testified at deposition that she did not know why she fell and did not see oil in area where she fell because she was not looking down prior to her fall. Her son, who was with her, stated at deposition that he saw “a lot of oil on the bowling lane itself” (past the foul line). There was no evidence of oil on the approach side of the lane. The defendant gave evidence that the machine that applies the oil to the bowling lanes was set to begin 4-6 inches behind the foul line. The court granted the summary judgment—affirmed by the Court of Appeals—that the plaintiff could only speculate that there was oil on the approach and that the oil caused her to fall. Therefore, there was no genuine issue of material fact about whether alleged negligence created a hazardous condition. Summary judgment was granted.

Case Law Alerts, 3rd Quarter, July 2014