Hambright v. First Baptist Church-Eastwood

638 So. 2d 865 (1994)

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Nature of the Case

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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 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.