McAdams v. Wal-Mart Stores East, LP (Delaware) et al

Filing 24

OPINION AND ORDER GRANTING 21 Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr on 2/2/2017. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ANGELA MCADAMS,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:16-CV-2758-TWT

WAL-MART STORES EAST, LP
(DELAWARE), et al.,
Defendants.

OPINION AND ORDER

This is a slip-and-fall case removed to this Court on the basis of diversity
jurisdiction. It is before the Court on the Defendant’s Motion for Summary Judgment
[Doc. 21].
I. Summary Judgment Standard
Summary judgment is appropriate only when the pleadings, depositions, and
affidavits submitted by the parties show that no genuine issue of material fact exists
and that the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c).
The court should view the evidence and any inferences that may be drawn in the light
most favorable to the non movant. Adickes v. S.H. Kress and Co., 398 U.S. 144, 158159 (1970). The party seeking summary judgment must first identify grounds that
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show the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477
U.S. 317, 323-24 (1986). The burden then shifts to the non-movant, who must go
beyond the pleadings and present affirmative evidence to show that a genuine issue
of material fact exists. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257 (1986).
II. Discussion
Based upon the Plaintiff’s failure to respond to the Defendant’s Requests for
Admissions, the Plaintiff has made the following admissions. The Plaintiff admits
that the Defendant did not have actual knowledge of the alleged hazard on July 21,
2014. The Plaintiff admits that the Defendant did not have constructive knowledge of
the alleged hazard on July 21, 2014. The Plaintiff admits that the Defendant did not
have superior knowledge of the alleged hazard on July 21, 2014. The Plaintiff admits
that the Defendant was not negligent on July 21, 2014. The Plaintiff admits that the
Defendant breached no duty to the Plaintiff on July 21, 2014. The Plaintiff admits that
no act or omission of the Defendant was a proximate cause of any injuries alleged by
the Plaintiff in this action. The Plaintiff admits that she failed to exercise care for her
own safety at Wal-Mart Store 4409, Rockmart, Georgia on July 21, 2014. These
admissions are fatal to the Plaintiff’s cause of action.
III. Conclusion
The Defendant’s Motion for Summary Judgment [Doc. 21] is GRANTED.

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SO ORDERED, this 2 day of February, 2017.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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