Murray v. Fitzgerald Convenient Centers, Inc.

Ellington, Judge.

Debra Murray sued Fitzgerald Convenient Centers, Inc. (“the store”) for injuries sustained when she fell on the store’s premises. The trial court granted the store’s motion for summary judgment, and Murray appealed. Because we conclude that material questions of fact remain regarding the store’s negligence and regarding Murray’s exercise of care for her own safety, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). A de novo standard of review applies to an appeal…