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All Angles Constr. & Demolition Inc. v. Metropolitan Atlanta Rapid Transit Auth.

Contrary to plaintiff's contention, standard custom in the demolition industry did not support its claim for breach of contract.

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All Angles Construction & Demolition, Inc. appeals the trial court’s grant of summary judgment in favor of MARTA in All Angles’ action to recover damages for breach of a demolition contract. All Angles contends the trial court erred in awarding summary judgment to MARTA because genuine issues of material fact remain. We do not agree, and we affirm the summary judgment.

To prevail at summary judgment under OCGA § 9-11-56, 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. OCGA § 9-11-56 c. 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.

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