Opinion
55804.
ARGUED MAY 1, 1978.
DECIDED JULY 3, 1978.
Action for damages. Chatham State Court. Before Judge Head.
Galin Friedman, Stanley H. Friedman, for appellant.
Bouhan, Williams Levy, Frank W. Seiler, for appellee.
"On a motion for summary judgment the burden of establishing the nonexistence of any genuine issue of material fact is upon the movants, the defendants in this case, and the evidence must be construed most strongly against them." Marsh v. Berens, 237 Ga. 135 ( 227 S.E.2d 36) (1976). Thus construed, the evidence in the record could support a finding that the defendant negligently left a box in the aisle of its retail store and that the plaintiff, while exercising ordinary care for her own safety under the circumstances, fell over it, injuring herself. The defendant therefore was not entitled to summary judgment. See Hill v. Economy Drug Store, 143 Ga. App. 628 ( 239 S.E.2d 237) (1977); and McFarland v. Shoney's of Savannah South, Inc., 144 Ga. App. 276 ( 241 S.E.2d 55) (1977).
Judgment reversed. Deen, P. J., and Banke, J., concur.