Dew v. Motel Properties Inc.

No evidence showed that the hotel owners had any knowledge of the presence of poisonous spiders in their rooms.

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In this premises liability action, Gregory Alan Dew alleges that he was bitten by a poisonous spider while he was a guest at the Kingsland Comfort Inn the “Inn”, which was owned by Motel Properties, Inc. “Motel Properties”; that Motel Properties breached its duty of care by, among other things, failing to provide a safe environment for its patrons; and that Ecolab, Inc. “Ecolab”, failed to adequately treat and control pests at the Inn. Motel Properties and Ecolab moved for summary judgment, which the trial court granted and from which Dew appeals. We affirm. To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.1 A defendant may do this 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. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiff’s claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial. . . . If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.2 We review de novo a trial court’s grant or denial of summary judgment.3

Viewed in favor of Dew, the evidence shows that en route from his home in Florida to visit relatives in North Carolina, Dew checked into the Inn in Kingsland, Georgia, on August 16, 1997, at approximately 3:30 a.m. Dew testified that he immediately took a shower and went to bed. He was awakened during the night by what he described as a “pinching sensation” on his right forearm but did not seek out the source of the pinch before returning to sleep. Dew testified that at the time, he did not know what bit him.

Dew v. Motel Properties Inc.

No evidence showed that the hotel owners had any knowledge of the presence of poisonous spiders in their rooms.

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