HAMBRIGHT V. FIRST BAPTIST CHURCH-EASTWOOD
638 So. 2d 865 (1994)
NATURE OF THE CASE: Hambright (P) sought review of a summary judgment in favor of Church
(D) in P's personal injury action.
FACTS: P was a member of the Ebenezer Baptist Church choir; she and other members of the
Ebenezer church were asked to participate in D's anniversary celebration church service on
November 10, 1991. P used the D restroom. She then went to the buffet table that had been
set up by the church in its fellowship hall for its members and for visitors attending the
service. P almost slipped near the table, but caught herself. She then obtained plates of
food for herself and others. After eating her lunch, P started to leave the fellowship hall
to visit relatives. As she was leaving, she slipped and fell on the floor of the fellowship
hall and was injured. P did not sing at the anniversary service, either before or after the
accident. She and her husband (Ps), sued the church, alleging negligence, wantonness, and
loss of consortium. D moved for summary judgment and produced deposition testimony from
persons present on the date of the accident that indicated that the deponents did not notice
any foreign substance on the floor where P fell. Ps produced various items of evidence,
including testimony from a witness who stated that the area where P fell was 'oily like.'
The trial court entered a summary judgment for the church on all claims. Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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