(Citations and punctuation omitted.) Nelson v. Polk County Historical Society, 216 Ga. App. 756, 757 ( 456 S.E.2d 93) (1995). (Citations and punctuation omitted.)
); Pulliam v. Southern Regional Medical Center, 241 Ga.App. 285, 286–287(1), 526 S.E.2d 573 (1999) (In a case where the plaintiff was injured when he fell down a ventilation shaft after an improperly installed grate gave way, the trial court correctly granted the owner's motion for summary judgment because there was no evidence that the owner had actual knowledge of the defect and no evidence that it could have detected the defect through any reasonable inspection.); Nelson v. Polk County Historical Society, 216 Ga.App. 756, 759(3), 456 S.E.2d 93 (1995) (In a case where the plaintiff was injured after falling from a ladder when an improperly attached awning gave way, the landlord was entitled to judgment as a matter of law because the undisputed evidence established that the landlord lacked actual knowledge of the negligent construction and because an untrained eye could not have discovered the defect by ordinary means.). Judgment reversed.
); Pulliam v. Southern Regional Medical Center, 241 Ga. App. 285, 286-287 (1) (526 SE2d 573) (1999) (In a case where the plaintiff was injured when he fell down a ventilation shaft after an improperly installed grate gave way, the trial court correctly granted the owner's motion for summary judgment because there was no evidence that the owner had actual knowledge of the defect and no evidence that it could have detected the defect through any reasonable inspection.); Nelson v. Polk County Historical Society, 216 Ga. App. 756, 759 (3) (456 SE2d 93) (1995) (In a case where the plaintiff was injured after falling from a ladder when an improperly attached awning gave way, the landlord was entitled to judgment as a matter of law because the undisputed evidence established that the landlord lacked actual knowledge of the negligent construction and because an untrained eye could not have discovered the defect by ordinary means.). --------
See TranSouth, supra, 269 Ga. App. at 324 (2). Although the trial court found the agreement to be valid but denied the motion to compel on other grounds, we will affirm a judgment that is right for any reason. See Stewart v. Favors, 264 Ga. App. 156, 157 (1) ( 590 SE2d 186) (2003); see also Nelson v. Polk County Historical Society, 216 Ga. App. 756, 758 (3) ( 456 SE2d 93) (1995). Judgment affirmed. Barnes, C. J., and Smith, P. J., concur.
In fact, the evidence shows that both of the Wingos had looked at the underside of the deck after they purchased the property but had not seen evidence of rot, and Harrison, himself, had not noticed any rot before he got on the deck. See, e.g., Nelson v. Polk County Historical Society, 216 Ga. App. 756, 758-759 (3) ( 456 SE2d 93) (1995) (landlord not liable for injuries caused by collapse of defectively constructed awning where untrained eye would not have been able to discover defect by ordinary means); Barksdale, 203 Ga. App. at 185-186 (homeowner of defectively constructed deck not liable for injuries caused by deck collapse where defect was not apparent to the untrained eye). Finally, the Harrisons also attempt to use statements that Edwards made at his deposition to the effect that nailing is "lesser of an attachment" than bolting and that an old deck needs to be monitored for future instability and maintained.
Thus, Hobday's belief that he was struck by a bullet fragment remains just that — a belief. See, e.g., Christopher v. Donna's Country Store, 236 Ga. App. 219 ( 511 SE2d 579) (1999) (proprietor was entitled to summary judgment where patron alleged that she slipped and fell on a greasy substance in parking lot, but she never saw such a substance on the ground); Post Properties v. Doe, 230 Ga. App. 34 ( 495 SE2d 573) (1997) (physical precedent only) (tenant who was raped in gated apartment complex sued landlord for negligently failing to keep premises safe; landlord won summary judgment because tenant could not show how rapist gained entry); Nelson v. Polk County Historical Society, 216 Ga. App. 756 ( 456 SE2d 93) (1995) (plaintiff who fell from ladder could not prove that property owner's negligence caused his injuries because there was no evidence of how he fell). Although Hobday is entitled to all reasonable conclusions and inferences from the evidence, his theory that he was struck by bullet ricochet due to Galardi's negligence rests on pure conjecture.
[Cits.]City of Rome v. Stone, 46 Ga. App. 259, 260-261(5)(a) ( 167 S.E. 325) (1933); compare Nelson v. Polk County Historical Society, 216 Ga. App. 756, 759(3) ( 456 S.E.2d 93) (1995) (landlord conclusively presumed to have actual knowledge of construction defect or repair for which he or his agent responsible); Howell Gas of Athens, Inc. v. Coile, 112 Ga. App. 732, 737(1)(a) ( 146 S.E.2d 145) (1965), ("[T]he landlord may be held [liable] if injury results from a defect in construction and it appears that the improvement was built or installed by him or under his direction for in that event he is conclusively presumed to know of the defect or from failure to repair." (citations omitted.), citing Dobbs v. Noble, 55 Ga. App. 201,203(3) ( 189 S.E. 694) (1937).
Mere speculation that Wilson probably drove the van too close to the edge of the hillside was not sufficient to show culpability on the part of Colwell, especially in light of the overwhelming and uncontroverted evidence of Wilson's alcohol and marijuana consumption before the incident. See Nelson v. Polk County Historical Society, 216 Ga. App. 756, 757(2) ( 456 S.E.2d 93) (1995). The record does not contain an autopsy report or any probative evidence as to the official cause of Shane Mansfield's death.
Under such undisputed facts, the trial court properly granted summary judgment to Southern Regional. See, e.g., Nelson v. Polk County Historical Society, 216 Ga. App. 756, 758-759 (3) ( 456 S.E.2d 93) (1995) (landlord was not liable for injuries caused by the collapse of defectively constructed awning where fasteners did not sufficiently penetrate building and the untrained eye would not have been able to discover defect by ordinary means); Barksdale v. Nuwar, 203 Ga. App. 184, 185-186 ( 416 S.E.2d 546) (1992) (homeowner of defectively constructed deck was not liable for injuries caused by deck's collapse due to defect in construction not apparent to the untrained eye).Robinson, supra, 268 Ga. at 748.
(Citations and punctuation omitted.) Nelson v. Polk County Historical Society, 216 Ga. App. 756, 757 ( 456 S.E.2d 93) (1995). (Citations and punctuation omitted.)