Mitchell v. Austin

Mikell, Judge.

Laura E. Austin slipped and fell while descending stairs leading outside a home rented by Mitch Ergas and owned by Kim and Toby Mitchell. Austin filed a premises liability action against the Mitchells to recover damages for her injuries, contending that the stairs violated applicable building codes and that the violations caused her injuries. The trial court denied the Mitchells’ motion for summary judgment. We granted their application for interlocutory appeal and reverse for the reason set forth below.

To prevail at summary judgment under OCGA § 9-11-56, the moving party must…