Metromedia Steakhouses Co., LP v. Ray
Metromedia Steakhouses Co., LP v. Ray
Opinion of the Court
Reverend Frank Ray (plaintiff) brought this tort action seeking to recover for personal injuries received when he slipped and fell while an invitee of defendant Metromedia Steakhouses Company, L. P. (“Metromedia”). The evidence adduced at trial showed that plaintiff slipped and broke his leg while walking up a yellow, sloping wheelchair ramp leading to Metromedia’s Ponderosa Steakhouse in Macon, Georgia. At the time, it was raining and the ramp was wet. There is no railing to this short ramp, nor is there any warning sign
The trial court’s charge to the jury included an instruction that “[e]very person has a duty to use ordinary care for his . . . own safety. If you should determine from the evidence that Plaintiff failed to use ordinary care and that this failure was the sole proximate cause of Plaintiff’s injuries, then the Plaintiff could not recover from the Defendant.” The jury nevertheless “found for the Plaintiff in the sum of $40,000.” Defendant appeals from the judgment entered on this verdict. Held:
1. “Once a case has been submitted to the jury and a judgment rendered on its verdict, the denial of a summary judgment motion is a moot issue. White v. Lance H. Herndon, Inc., 203 Ga. App. 580 (1) (417 SE2d 383).” R. T. Patterson Funeral Home v. Head, 215 Ga. App. 578, 581 (1) (a) (451 SE2d 812) (physical precedent). Consequently, the issue raised in Metromedia’s first enumeration is moot and presents nothing for decision on appeal.
2. In related enumerations, Metromedia contends the trial court erred in denying its motion for directed verdict. Metromedia argues first that plaintiff failed to exercise ordinary care for his own safety. Metromedia further argues that the evidence failed to show that it had superior knowledge of the hazard posed by the wet ramp. We disagree.
“A directed verdict is proper only ‘(i)f there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict(.)’ OCGA § 9-11-50 (a).” Vickery Ins. Agency v. Chambers, 215 Ga. App. 48, 50 (449 SE2d 885). “In determining whether any conflict in the evidence exists, the court must construe the evidence most favorably to the party opposing the motion for directed verdict. The standard used to review the grant or denial of a directed verdict is the ‘any evidence’ test. [Cit.]” Southern R. Co. v. Lawson, 256 Ga. 798, 799 (1) (a) (353 SE2d 491). In our view, the evidence authorized the
Judgment affirmed.
Dissenting Opinion
dissenting.
I respectfully dissent because the alleged hazard was a longstanding, patently open and obvious condition which could have been dis
The fact that Ray’s injury occurred in the rain, however, is immaterial. It is common knowledge that in rainy conditions, water will accumulate on surfaces, particularly those exposed to the elements. See Layne v. Food Giant, 186 Ga. App. 71 (366 SE2d 402) (1988). Metromedia owed Ray a duty no greater than to protect him from an unreasonable risk of harm. Id. We have held that “ ‘ “[t]he risk of harm imposed by some accumulation of water on the floor of business premises during rainy days is not unusual or unreasonable in itself, but is one to which all who go out on a rainy day may be exposed and which all may expect to anticipate.” ’ ” Id. This common sense rule applies equally to exterior surfaces, whether they are flat or sloping. See Bowman v. Richardson, 176 Ga. App. 864 (338 SE2d 297) (1985) (requiring plaintiffs to show lack of knowledge of foreign substances “such as water on a ramp” to recover).
The majority opinion neglects the issues of breach of duty and causation and ignores the fact that hundreds of invitees used the ramp without falling. Ray presented no evidence that the ramp when wet created an increased risk to invitees. He offered only disputed evidence that on another rainy day one elderly woman fell, but he failed to show her fall was actually caused by any action of Metromedia.
Furthermore, the majority fails to address just what Metromedia
I am authorized to state that Presiding Judge Birdsong, Judge Johnson and Judge Smith join in this dissent.
The majority makes much of the fact that the incident report of this fall states that the ramp caused the fall. However, at trial the woman who actually fell denied falling on the ramp and on deposition denied the ramp had anything to do with her fall. She also testified that her daughter provided the information in the report.
Reference
- Full Case Name
- Metromedia Steakhouses Company, L. P. v. Ray
- Cited By
- 9 cases
- Status
- Published