BARNES, P. J., MCMILLIAN and MERCIER, JJ.
Barnes, Presiding Judge.
guest at a hotel, Marjary Dianne Leavins was injured when she
slipped and fell as she was showering in a bathtub.
Complaining about the condition of the bathtub, Leavins sued
the hotel's owner and operator, Nayan Corporation and MSR
Fitzgerald, LLC (collectively, "Hotel Defendants").
The Hotel Defendants procured summary judgment, and Leavins
appeals. Because Leavins has demonstrated no error in that
ruling, we affirm.
judgment is proper "if the pleadings, depositions,
answers to interrogatories, and admissions on file, together
with the affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving party is
entitled to a judgment as a matter of law." OCGA §
9-11-56 (c). "In our de novo review of the grant of a
motion for summary judgment, we must view the evidence, and
all reasonable inferences drawn therefrom, in the light most
favorable to the nonmovant." (Citation and punctuation
omitted.) Cowart v. Widener, 287 Ga. 622, 624 (1)
(a) (697 S.E.2d 779) (2010).
viewed, the record shows the following. At about 6:00 p.m. on
July 28, 2013, sixty-five year old Leavins and her adult
daughter, both residents of Panama City, Florida, arrived at
the Quality Inn hotel located in Fitzgerald, Georgia. The
daughter had pre-booked that hotel for their overnight
lodging; the next day, they were planning to visit a family
member nearby. Leavins was suffering from rheumatoid
arthritis, so during check-in, they asked the desk clerk to
place Leavins in either a handicap accessible room or a room
located on the first floor. Neither such room was available,
and Leavins and her daughter accepted and retired to the
adjacent rooms offered by the desk clerk. As the daughter
explained, the rooms were "only two flights up, . . .
and it was late, and I couldn't even fathom trying to
find a motel in Fitzgerald, Georgia, in the evening the night
before I had somewhere to be with my mother."
underlying "slip and fall" occurred the next
morning. Leavins described in her deposition that when she
stepped into the bathtub, no water was in the bathtub, and
the bathtub appeared clean. As Leavins recounted, "I got
in there and turned on the water, and then I got the soap and
started to lather myself. And then, all of a sudden, my feet
just went out from under me and . . . I went all the way
down." Leavins crawled out of the bathtub, walked to her
cellphone, and summoned her daughter. Her daughter appeared
from the adjacent room, and helped Leavins complete her
dressing. The pair checked out of their rooms, left the
hotel, and visited their family member later that day.
her deposition, Leavins answered questions about why she had
Q: Why do you think you fell?
A: The tub was slippery.
Q: Do you know the industry standards for bathtub's
. . .
Q: Did you take a look at the condition of the bathtub after