McCoy v. Winn Dixie Stores, Inc.

Blackburn, Presiding Judge.

In this slip and fall action, Kenneth F. McCoy appeals the trial court’s grant of summary judgment to Winn Dixie Stores, Inc., contending that the trial court improperly presumed that he had knowledge of the puddle which caused his fall because he had walked across it moments earlier. For the reasons set forth below, 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 from a grant [or denial] of summary…