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McCOY v. WINN DIXIE STORES, INC.

No. A99A1003.

519 S.E.2d 689 (1999)

238 Ga. App. 543

McCOY et al. v. WINN DIXIE STORES, INC.

Court of Appeals of Georgia.

Reconsideration Denied June 14, 1999.

Certiorari Denied October 22, 1999.

Attorney(s) appearing for the Case

Lane & Jarriel, Walter J. Lane, Jr., Robert H. Malone III, Macon, for appellants.

Clyatt, Clyatt, Wallace & DeVaughn, Robert M. Clyatt, Valdosta, Carl G. Fulp III, for appellee.

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...

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