Georgia Court Of Appeals, (October 09, 1990)
Docket number: A90A1339
DECIDED
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Judgment affirmed. Birdsong and Cooper, JJ., concur.

Supreme Court of Georgia - ALTERMAN FOODS, INC. v. LIGON et al., 246 Ga. 620, 272 S.E.2.d 327
Georgia Court Of Appeals - Brown v. Rfc Management, Inc., 189 Ga. App. 603, 376 S.E.2d 691 (1988)
Georgia Court Of Appeals - Culberson v. Lanier Et Al., 216 Ga. App. 686, 455 S.E.2d 385 (1995)
This is an appeal from a summary judgment for the defendant in a slip-and-fall case.The defendant, a non-profit corporation formed by five garden clubs, owns an historical home in Valdosta, Georgia, which it rents out for social functions such as weddings and receptions. The plaintiff's sister rented the house to have her wedding there, and the plaintiff attended as a guest. Prior to the ceremony, the plaintiff went upstairs to pose for some photographs with her sister, using the main stairway located at the front of the house. By the time she was ready to return downstairs, the wedding music had already commenced. She testified during her deposition that as she was about to descend the main stairway, an unidentified woman told her to "take the back stairs," evidently because the bride was about to make her entrance down the main stairway. While attempting to negotiate the back stairway, she slipped and fell.The plaintiff alleged in her complaint that the back stairway was unsafe because it was very steep, the stairs were worn and slippery, and there was no carpet or other material on them to prevent slipping. She further asserted, both in her complaint and in an affidavit submitted in response to the defendant's motion for summary judgment, that her fall was caused by these alleged defects. During her deposition, however, she testified repeatedly and unequivocally that she had no idea why she had fallen. In her affidavit, she sought to explain this inconsistency by stating that she believed she "had already given [defense counsel] the answers that he was looking for in . . . papers . . . already filed with the court" and therefore "did not completely understand exactly what [he] was asking for" in the deposition. She further averred in her affidavit, for the first time, that she believed she might have "avoided the fall or perhaps lessened its damage to me" if there had been a handrail on the stairway.During her deposition, the plaintiff further testified, initially, that the unidentified woman who had directed her to use the back stairway had "said she worked there." However, upon being asked to reflect carefully and to state exactly what this woman had told her, the appellant responded that the woman had simply given her directions to the back stairway. The rental chairperson for the defendant corporation testified that the organization had no employees but only volunteers and that if any of its members were present at the house on the occasion in question, they were there simply as guests of the wedding rather than in any official capacity. Held:1. The plaintiff's averment in her affidavit that she slipped on the stairway because it was excessively steep and slippery and because it lacked a handrail clearly was not consistent with her deposition testimony that she had no idea why she had fallen. Where a respondent offers self-contradictory testimony on motion for summary judgment, such testimony will be construed against him unless a reasonable explanation is offered for the contradiction. Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 (343 SE2d 680) (1986). We hold that the trial judge was not required to accept as reasonable the explanation given by the plaintiff for her contradictory testimony in the present case and consequently was authorized to conclude that she did not in fact know what had caused her to fall. (We note in passing that the plaintiff similarly contradicted herself on the issue of whether the unidentified woman who had given her directions to the back stairway had told her "she worked there" and that no attempt whatever was made to explain this contradiction.)2. The plaintiff contends that the record contains independent evidence that her fall was caused by one or more of the alleged defects in the stairway in the form of expert opinion testimony to that effect offered by a building contractor. However, while this witness may have been in a position to testify that the stairway was defective, he clearly was in no better position than the plaintiff to form an opinion as to whether her fall was caused by one of these defects. Consequently, his opinion in this regard must, under the circumstances, be considered wholly speculative and without probative value. A contrary conclusion is not required by Pembrook Mgmt. v. Cossaboon,