Mary D. Pipkin filed a slip and fall action against Azalealand Nursing Home, Inc., claiming its negligence caused her fall and resulting injury. The trial court was presented with Azalealand’s motion to withdraw admissions pursuant to OCGA § 9-11-36 b, Pipkin’s motion for partial summary judgment as to liability based on those admissions, and Azalealand’s motion for summary judgment. The trial court declined to rule on the first two motions,1 and granted summary judgment to Azalealand on the basis that 1 Pipkin failed to prove the existence of a hazard or that the hazard caused her fall; and that 2 Pipkin failed to prove actual or constructive knowledge on the part of Azalealand of any hazard. From this order, Pipkin appeals. Because we find that issues of fact remain regarding the existence of a hazard that caused the fall, we reverse.
Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law. On appeal, we review the grant or denial of summary judgment de novo, construing the evidence and all inferences in a light most favorable to the nonmoving party. Citation and punctuation omitted. Seki v. Groupon, Inc., 333 Ga. App. 319 775 SE2d 776 2015. So viewed, the evidence showed that the then 88-year-old Pipkin accompanied her husband when he was transferred via ambulance to Azalealand’s facility in the late afternoon of May 31, 2012. As the EMTs wheeled her husband down the hallway, Pipkin attempted to keep up with the stretcher. Three employees of Azalealand were present at the time; two of them testified that Pipkin was walking with the aid of a cane, walking fast, leaning forward, or rushing as she came down the hallway. One of the employees testified that she offered to get a wheelchair, but that Pipkin did not respond and continued walking. When Pipkin reached the area of the hallway just past the shower room, she fell. One of the employees observed her fall and screamed, She’s falling Pipkin testified that she was knocked unconscious by the fall and did not recall anything until the EMTs were attending to her some time later. She did not know what caused her to fall, other than that she stepped on something slick. Pipkin testified to serious injuries caused by the fall, including a broken hip and broken shoulder, requiring lengthy hospitalization.
