[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
May 31, 2007
No. 06-16573 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 05-02592-CV-MHS-1
MARTHA SUE NOLEN,
Plaintiff-Appellant,
versus
TRACTOR SUPPLY COMPANY,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(May 31, 2007)
Before TJOFLAT, HULL, and HILL, Circuit Judges.
PER CURIAM:
Plaintiff Nolan appeals from grant of summary judgment in favor of
defendant, Tractor Supply Company. This Georgia case was removed to federal
court under diversity jurisdiction.
Plaintiff was an invitee inspecting garden trailers displayed at defendant’s
store. One large trailer that was upright, leaning against the storefront, fell and
struck plaintiff. There is no evidence as to how the trailer was placed against the
storefront. There is no evidence of what, how or if it was dislodged from its “at
rest” position and fell. Plaintiff and a friend were the only persons present when it
became dislodged and neither offered any further explanation.
The district judge issued a carefully considered ten-page order granting
defendant’s motion. Georgia law controls. The case of Sams v. Wal-Mart Stores,
Inc., 228 Ga. App. 314 (1997) eliminates the doctrine of res ipsa loquitor as
support for a prima facie case and no other evidence shows actionable negligence.
The judgment is
AFFIRMED.
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