George Nelson vs Bonefish Grill LLC

Kimberly Sheridan (Atlanta, GA) (Premises Liability) recently obtained a Motion for Summary Judgment for Bonefish Grill. The Plaintiff filed suit on a premises liability theory, claiming he sustained back, shoulder, elbow and head injuries following a fall on his way to the bathroom at Bonefish Grill. We deposed the Plaintiff and filed a Motion for Summary Judgment based on his testimony. Specifically, he testified he noticed the restaurant floors were shiny and slick on his way into the restaurant and when he got up from his booth to go to the bathroom, he noticed again they were shiny and slick. We argued in our motion that if a hazardous condition existed, Plaintiff had equal knowledge of it and was thus, precluded from recovery under Georgia law. We further argued that if there was any hazard, Plaintiff assumed the risk when he continued to walk on the floor. Under Georgia law, a plaintiff who voluntarily exposes himself to the risk has failed to exercise ordinary care for his safety and cannot recover. The Judge agreed and granted Bonefish Grill Summary Judgement on all counts in the Complaint.