Fernandez v. Georgia Theatre Co. II

Miller, Judge.

Julian Fernandez appeals from an order granting summary judgment to Georgia Theatre Company II (“GTC”) on Fernandez’s premises liability claim. Fernandez claims on appeal that material issues of fact existed that precluded summary judgment. We disagree and affirm.

Viewed in the light most favorable to Fernandez, the record reveals that Fernandez attended a movie with several of his family members. While seated in the theater when the movie trailers began, another patron entered who was cursing loudly. This loud patron and his companions sat directly behind Fernandez and his…