Batten v. J. H. Harvey Company

After slipping and falling on a bag at a food show, Robert Batten sued J. H. Harvey Company (""Harvey""), a promoter and occupier of the premises where the fall occurred. The trial court granted Harvey's motion for summary judgment and Batten appeals, enumerating two errors. To prevail on summary judgment, the moving party must show that no genuine issues of material fact remain to be tried and that the undisputed facts, viewed in the light most favorable to the non-movant, warrant summary judgment as a matter of law. Lau's Corp. v. Haskins, 261 Ga. 491 (405 S.E.2d 474) (1991). Viewed in that light, the undisputed record shows the following. Batten decided to attend a karate exhibition at the food show. He saw people dropping things on the floor and noticed that trash was accumulating. He also knew that bright green and white bags identical to the one on which he slipped were being given to attendees because he had two himself. On the way to his seat at the karate exhibition, Batten observed debris up and down the bleacher steps and on the floor. After watching the exhibition for an hour, Batten left by the same route he used in entering. As he descended the first step, he looked down and noticed [223 GaApp Page 263] some trash. He then directed his attention to his children, trying to keep them from getting lost in the crowd, but admitted that he knew there was trash on the second step because it had been there when he arrived. Just before Batten fell on the bright green and white bag lying on the third step, his daughter, who had walked further down the bleachers, yelled a warning to him. Batten admitted nothing blocked his view or prevented him from looking down and, if he had, he would have seen the bag. He received emergency medical treatment and was released the same day. He testified that he had recovered from the fall. Held: