The white boards were located on an end cap, which is a display unit located at the end of an aisle. While in the store, Warner decided to look at some “white boards,” also known as dry-erase boards, that were on sale. ––––, 734 S.E.2d 758 (2012).Ĭonstrued in the light most favorable to Warner, as the non-movant, the record shows that on September 24, 2008, Warner was shopping in a local Hobby Lobby. On an appeal from the grant or denial of a motion for summary judgment, we review the record de novo, construing the evidence in the light most favorable to the non-movant.
(Citation and punctuation omitted.) Beale v. And if the defendant does so, the plaintiff cannot rest on his pleadings, but rather must point to specific evidence giving rise to a triable issue. When a defendant moves for summary judgment as to an element of the case for which the plaintiff, and not the defendant, will bear the burden of proof at trial the defendant may show that is entitled to summary judgment either by affirmatively disproving that element of the case or by pointing to an absence of evidence in the record by which the plaintiff might carry the burden to prove that element.
The moving party must show that there is no genuine dispute as to a specific material fact and that this specific fact is enough, regardless of any other facts in the case, to entitle the moving party to judgment as a matter of law. To prevail on a motion for summary judgment She now appeals from an order granting summary judgment against her and in favor of Hobby Lobby, arguing that there exists a genuine issue of fact as to whether Hobby Lobby had actual or constructive knowledge of the hazardous condition that caused her injuries. Decided: March 29, 2013Īfter she was injured by merchandise falling from a shelf in a Gwinnett County Hobby Lobby store, Dawn Evette Warner filed the current action against Hobby Lobby Stores, Inc., alleging that her injuries resulted from the store's negligence in failing to properly install, inspect, or stock its shelving units.
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