Moore v. Food Associates, Inc.

83 Citing cases

  1. Brown v. Host/Taco Joint Venture

    305 Ga. App. 248 (Ga. Ct. App. 2010)   Cited 33 times
    Finding that the plaintiff did not establish that the defendant could have easily seen a grease spot where the plaintiff testified that the grease spot was not "easily visible," and it was not apparent to him until after he had fallen

    "The mere existence of a dangerous condition does not render the proprietor liable, for the proprietor is not a guarantor of the invitee's safety." Moore v. Food Assoc., 210 Ga. App. 780, 782 ( 437 SE2d 832) (1993). Although a proprietor has a duty to inspect the premises to discover possible dangerous conditions and to take reasonable precautions to protect the invitee from foreseeable dangers on the premises, "it is well settled that a proprietor is under no duty to patrol the premises continuously in the absence of facts showing that the premises are unusually dangerous."

  2. Bandy v. Mills

    454 S.E.2d 610 (Ga. Ct. App. 1995)   Cited 16 times

    " Dixie Diners Atlanta v. Gwinnett Fed. Bank, FSB, 211 Ga. App. 364, 366 (1) ( 439 S.E.2d 53) (1993). Our review is de novo. Moore v. Food Assoc., 210 Ga. App. 780, 781 ( 437 S.E.2d 832) (1993). Defendants may prevail on summary judgment under OCGA § 9-11-56 (e) "by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff's case."

  3. Dept. of Human Resources v. Thomas

    456 S.E.2d 724 (Ga. Ct. App. 1995)   Cited 10 times

    Union Camp Corp. v. Daley, 188 Ga. App. 756 (1) ( 374 S.E.2d 329). In light of this actual knowledge, DHR's reliance on Moore v. Food Assoc., 210 Ga. App. 780, 782 ( 437 S.E.2d 832), is misplaced. Moore represents, at best, a constructive knowledge situation. A complete and correct citation of that decision's rationale is: "It is not enough for the plaintiff to say that she did not see the dangerous condition and that the defendant must have known it was there."

  4. Barron v. Emory Healthcare, Inc.

    No. A21A1314 (Ga. Ct. App. Dec. 8, 2021)

    , we cannot conduct meaningful appellate review of the order granting Emory's motion for summary judgment. See Moore v. Food Associates, 210 Ga.App. 780, 781 (437 S.E.2d 832) (1993) ("It is well established that on appeal of a grant of summary judgment, the appellate court must determine whether the trial court erred in concluding that no genuine issue of material fact remains and that the party was entitled to judgment as a matter of law.

  5. Dover Realty v. Pecce

    671 S.E.2d 257 (Ga. Ct. App. 2008)

    A defendant meets this burden by "showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff's case. . . . All of the other disputes of fact are rendered immaterial."Moore v. Food Assoc., 210 Ga. App. 780, 781 ( 437 SE2d 832) (1993). OCGA § 9-11-56 (c).

  6. Rosado v. Rosado

    662 S.E.2d 761 (Ga. Ct. App. 2008)   Cited 3 times
    Considering only resulting trusts where "[t]here [was] no claim in litigation that the implied trust the plaintiff [sought] to establish... [was] a ‘constructive’ trust"

    A defendant meets this burden by Moore v. Food Assoc, 210 Ga. App. 780 ( 437 SE2d 832) (1993). OCGA § 9-11-56 (c).

  7. Southern Elec. Supply Co. v. Trend Constr., Inc.

    578 S.E.2d 279 (Ga. Ct. App. 2003)   Cited 7 times
    Reversing summary judgment as there existed a material fact as to whether plaintiff's "claim under a payment bond obtained by the general contractor under Georgia's Little Miller Act" was timely filed within the one year requirement of such act

    See Ga. L. 2000, p. 498, § 4, effective April 20, 2000, and OCGA § 13-10-60 through 13-10-65. In considering the grant of a motion for summary judgment, this Court conducts a de novo review to determine whether the trial court correctly found the absence of material issues of fact. Moore v. Food Assoc., 210 Ga. App. 780, 781 ( 437 S.E.2d 832) (1993). In conducting this review, we consider the evidence and all reasonable inferences therefrom in the light most favorable to the nonmovant.

  8. Flores v. Strickland

    259 Ga. App. 335 (Ga. Ct. App. 2003)   Cited 6 times

    In conducting that review, we consider the evidence and all reasonable inferences therefrom in the light most favorable to the non-movant.Moore v. Food Assoc., 210 Ga. App. 780, 781 ( 437 S.E.2d 832) (1993).Davis v. Rich's Dept. Stores, 248 Ga. App. 116 ( 545 S.E.2d 661) (2001).

  9. Rice v. Six Flags Over Georgia

    257 Ga. App. 864 (Ga. Ct. App. 2002)   Cited 15 times
    In Rice V. Six Flags Over Georgia, LLC, 257 Ga. App. 864, 867-868, 572 S.E.2d 322 (2002), we affirmed the grant of summary judgment to the landowner because the sexual molestation of the victim in that case was not foreseeable to the landowner for a lack of substantially similar prior crimes.

    [T]his Court reviews the grant of summary judgment de novo to determine whether any genuine issue of material fact exists for resolution by jury. Moore v. Food Assoc., 210 Ga. App. 780, 781 ( 437 S.E.2d 832) (1993). Summary judgment is proper where the moving party is able to show that no genuine issue of material fact exists and that the movant is entitled to summary judgment as a matter of law.

  10. Shree Annpurna, Inc. v. Udhwani

    567 S.E.2d 42 (Ga. Ct. App. 2002)   Cited 3 times
    Denying relief to an original grantor, but only on the grounds that the grantor failed to include a demand for liquidated damages in her pre-suit demand

    On a defendant's motion for summary judgment, we construe the evidence in the plaintiff's favor, giving plaintiff the benefit of all doubts and indulging all reasonable inferences in plaintiff's favor. Moore v. Food Assoc., 210 Ga. App. 780, 781 ( 437 S.E.2d 832) (1993). Summary judgment is appropriate only if under the facts as so construed, judgment is required as a matter of law.