Ga. Code Ann. § 9-11-56

A summary-judgment movant must show no genuine issue of material fact and that undisputed facts viewed favorably to the nonmovant warrant judgment as a matter of law.

Auto Owners Insurance Company v. Gay Construction Company · filed 2015-07-08

To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.

A summary-judgment movant must show no genuine issue of material fact and that undisputed facts viewed favorably to the nonmovant demand judgment as a matter of law.

Blake v. Kes Inc. · filed 2016-03-11

In order to prevail on a motion for summary judgment under OCGA § 9-11-56, the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law.

Under subsection (c), a summary-judgment movant must show no genuine issue of material fact and that undisputed facts viewed favorably to the nonmovant warrant judgment as a matter of law.

Richards v. Robinson · filed 2016-10-17(c)

To prevail at summary judgment ... the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.

Under subsection (c), a summary-judgment movant must show no genuine issue of material fact and that undisputed facts viewed favorably to the nonmovant warrant judgment as a matter of law.

Miller v. Turner Broadcasting System, Inc. · filed 2016-11-18(c)

the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the nonmovant’s favor, warrant judgment as a matter of law. OCGA § 9-11-56 (c).

On cross-motions for summary judgment, each party must independently show no genuine material factual issue and entitlement to judgment, bearing its own burden of proof.

Plantation Pipe Line Co. v. Stonewall Insurance · filed 2016-11-20(c)

When, as in this case, the parties file cross-motions for summary judgment, “each party must show [that] there is no genuine issue of material fact regarding the resolution of [the essential] points of inquiry and that each, respectively, is entitled to summary judgment; either party, to prevail by summary judgment, must bear its burden of proof.”

A summary-judgment movant may carry its burden by negating an essential element of the nonmovant's claim or demonstrating an absence of evidence supporting an essential element.

Diaz v. Metropolitan Atlanta Rapid Transit Authority · filed 2017-03-24

The moving party may carry this burden either by (1) presenting evidence negating an essential element of the nonmoving party’s claim, i.e., affirmatively disproving the element with evidence which makes it impossible for the nonmoving party to prove the element at trial; or (2) demonstrating an absence of evidence to support an essential element of the nonmoving party’s claim.

Under subsection (c), a summary-judgment movant must show no genuine issue of material fact and that undisputed facts viewed favorably to the nonmovant warrant judgment as a matter of law.

Ward v. Directv LLC · filed 2017-06-01(c)

To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the nonmovant’s favor, warrant judgment as a matter of law. OCGA § 9-11-56 (c).

A plaintiff moving for summary judgment must establish the absence or nonexistence of every defense raised by the defendant.

100 Lakeside Trail Trust v. Bank of America, N.A. · filed 2017-09-08(c)

When a plaintiff moves for summary judgment, it “has the burden of establishing the absence or non-existence of any defense raised by the defendant.”

A plaintiff moving for summary judgment bears the burden of establishing the absence or nonexistence of every defense raised by the defendant.

O'Neill v. Hairston · filed 2022-07-25(c)

When a plaintiff moves for summary judgment, [s]he has the burden of establishing the absence or non-existence of any defense raised by the defendant.

A movant does not establish the absence of a genuine factual dispute merely by showing that requested records were not produced when other explanations for nonproduction remain possible.

Jones v. City of Atlanta · filed 2024-10-31(c)

An absence of evidence is not necessarily evidence of absence. It could be, as Appellant contends, that the City produced no documents because there are no such costs. But it could also be that the documents are possessed by other City departments, such as the Department of Public Works, or that the City has some objection to Appellant’s request which would need to be resolved through motions to compel discovery or litigation arising from allegedly incomplete responses to open records requests.

A summary-judgment movant must establish entitlement to judgment as a matter of law; failing that, the movant has not made a prima facie case.

DEBORAH GREEN v. WILHITE · filed 2025-07-09(c)

If the movant for summary judgment fails to show an entitlement to a judgment as a matter of law, with the evidence viewed in favor of the nonmoving party, a prima facie case has not been shown.

A summary-judgment movant must present evidence establishing entitlement to judgment; unsupported assertions cannot carry the movant’s burden.

The BONDSMAN, INC. v. KEYBO TAYLOR, SHERIFF OF GWINNETT COUNTY · filed 2023-03-13(c)

In order to prevail on a motion for summary judgment under OCGA § 9-11-56, the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law. ... The Sheriff otherwise failed to present any evidence in support of his assertion that the Bondsman “woefully failed to meet its financial obligations,” that its outstanding fi.fa.’s were illustrative of company mismanagement, or that the outstanding fi.fa.’s ... failed to comply with any other statute, rule or regulation. Because that issue is determinative with respect to the Bondsman’s mandamus action, we vacate the grant of summary judgment and remand this case to the trial court for its resolution.

A creditor moving for summary judgment on a debt must establish the debt’s amount to show that no material factual issue remains as to damages.

Aniebue v. Jaguar Credit Corp. · filed 2011-02-16(c)

JCC therefore bore the burden of establishing the amount of Aniebue’s debt in order to prove that no material fact remains as to damages.

A plaintiff seeking summary judgment on its own claim must present evidence supporting the claim and pierce the defendant's affirmative defenses.

Zahler v. National Collegiate Student Loan Trust 2006-1 · filed 2020-06-10(c)

As the plaintiff in its claim against Zahler, the trust “has the burden of presenting evidence to support [its] claim and the burden of piercing the defendant’s affirmative defenses.”

A plaintiff seeking summary judgment on damages must prove the amount of loss with enough certainty for the court to calculate it.

Ballard v. Biltmore House Condominium Association, Inc. · filed 2022-08-31(c)

[w]here a party sues for damages, it has the burden of proof of showing the amount of loss in a manner in which the trial judge can calculate the amount of the loss with a reasonable degree of certainty.

On summary judgment, all reasonable inferences must favor the nonmovant, while a defendant-movant must pierce the complaint and eliminate every genuine material factual issue.

Hallford v. Kelley · filed 1987-09-08

On motion for summary judgment, the evidence, with all reasonable inferences therefrom, must be construed in the light most favorable to the non-moving party: here, Mrs. Hallford. OCGA § 9-11-56. The movant, when defendant, must pierce the plaintiff’s pleadings and show that there is no genuine issue of material fact to be resolved by the jury or other factfinder.

A defendant moving for summary judgment must pierce the pleadings and affirmatively negate at least one essential element of the plaintiff’s case.

Church v. SMS ENTERPRISES · filed 1988-04-05

We find that the contentions advanced in appellee’s brief in support of its motion for summary judgment and set forth in this opinion, supra, are valid, and that, under a proper analysis, there is no genuine issue of material fact. The trial court correctly granted summary judgment to appellee.

A premises-liability defendant does not satisfy its summary-judgment burden on constructive knowledge merely by establishing that it lacked actual knowledge of the hazard.

Shiver v. Singletary · filed 1988-03-18(c)

Although defendant Roehm’s affidavit establishes without dispute that he had no actual knowledge of the presence of a foreign substance on the floor, it does not establish a lack of actionable constructive knowledge on his part.

A plaintiff need do nothing further when a defendant moving for summary judgment fails to pierce a material complaint allegation.

Baldwin County Hospital Authority v. Coney · filed 1988-09-09(c)

Because it failed to do so, appellee was required to do nothing further, and consequently the trial court properly denied appellant’s motion for summary judgment.

A defendant moving for summary judgment must establish that the plaintiff cannot recover under any fairly drawn theory.

Willis v. Allen · filed 1988-09-13

In order “[t]o prevail on a motion for summary judgment [OCGA § 9-11-56], a defendant-movant is required to pierce the allegations of the complaint and to establish as a matter of law that the plaintiff could not recover under any theory fairly drawn from the pleadings and the evidence. [Cits.]”

A defendant is entitled to summary judgment after piercing the allegations and establishing that the plaintiff cannot recover under any theory fairly drawn from the pleadings and evidence.

White v. Hardegree · filed 1989-01-30

Hardegree, having successfully pierced White’s allegations and established as a matter of law that White could not recover under any theory fairly drawn from the pleadings and evidence, was entitled to summary judgment as a matter of law.

A defendant moving for summary judgment must pierce the complaint and establish both that no genuine issue exists as to the material relationship between the parties and that the defendant is entitled to judgment as a matter of law.

Ledbetter v. Delight Wholesale Co. · filed 1989-03-10(c)

The initial question for resolution is whether Delight, as defendant/movant for summary judgment, pierced the allegations of the complaint concerning respondeat superior and established as a matter of law that appellants could not recover under any theory fairly drawn from the pleadings and the evidence.

A defendant moving under section 56(c) must establish no genuine material issue and entitlement as a matter of law.

Edmunds v. Cowan · filed 1989-07-11(c)

As a defendant moving for summary judgment, Cowan must establish that there are no genuine issues of material fact and that he is entitled to judgment as a matter of law. OCGA § 9-11-56 (c).

A third-party defendant moving for summary judgment must establish that the third-party plaintiff cannot recover under any theory fairly drawn from the pleadings and evidence.

Proctor & Gamble Paper Products Co. v. Yeargin Construction Co. · filed 1990-07-03

“In order ‘(t)o prevail on a motion for summary judgment (OCGA § 9-11-56), a [third party] defendant-movant is required to pierce the allegations of the [third party] complaint and to establish as a matter of law that the [third party] plaintiff could not recover ... under any theory fairly drawn from the pleadings and the evidence. (Cits.)’

A defendant-movant must establish the absence of material factual issues, entitlement to judgment as a matter of law, and negate an essential element of every fairly drawn theory of recovery.

Scoggins v. APAC-Georgia, Inc. · filed 1989-11-09(c)

APAC, as a defendant moving for summary judgment, had the burden of establishing that there were no issues of material fact and that it was entitled to judgment as a matter of law. OCGA § 9-11-56 (c).

Summary judgment is proper when defendants establish that no actionable policy, loss, fraud, or intentional infliction claim exists.

Lee v. North American Life & Casualty Co. · filed 1990-09-07

The trial court did not err by granting summary judgment to the companies on Mrs. Lee’s claims.

A defendant moving for summary judgment must pierce the complaint and establish that the plaintiff cannot recover under any theory fairly drawn from the pleadings and evidence.

Jones v. Campbell · filed 1990-12-04

“In order ‘(t)o prevail on a motion for summary judgment (OCGA § 9-11-56), a defendant-movant is required to pierce the allegations of the complaint and to establish as a matter of law that the plaintiff could not recover under any theory fairly drawn from the pleadings and the evidence.

A defendant moving for summary judgment must pierce the complaint and establish that the plaintiff cannot recover under any fairly drawn theory.

Reed v. Ed Taylor Construction Co. · filed 1991-02-15

The trial court did not err in granting summary judgment to these defendants.

A defendant moving under section 56(c) must show no genuine material issue and entitlement as a matter of law.

944, Inc. v. Georgia State Bank · filed 1991-03-08(c)

Therefore, the bank failed to meet its burden, and the trial court erred by granting summary judgment.

A defendant moving for summary judgment must establish that the plaintiff cannot recover under any fairly drawn theory.

Collier v. Evans · filed 1991-05-01

In order “(t)o prevail on a motion for summary judgment (OCGA § 9-11-56), a defendant-movant is required to pierce the allegations of the complaint and to establish as a matter of law that the plaintiff could not recover under any theory fairly drawn from the pleadings and the evidence. (Cits.)”

A nonmovant who does not produce evidence of causation cannot avoid summary judgment on a tort claim.

Precise v. City of Rossville · filed 1991-04-15(e)

In this case, the record does not show that the lack of a personal recommendation from Ms. Sherrill played a role in Precise’s ability to secure employment. In other words, Precise has not shown causation, a necessary element of the tort. Therefore, the trial court could properly have entered summary judgment in favor of the City on this claim. OCGA § 9-11-56.

A defendant moving for summary judgment may prevail only by piercing the plaintiff’s pleadings or by establishing a prima facie affirmative defense.

Kelley v. Piggly Wiggly Southern, Inc. · filed 1997-12-19

On a motion for summary judgment under OCGA § 9-11-56, the defendant, as the moving party, may only prevail either by piercing the plaintiff’s pleadings or by presenting evidence which establishes a prima facie affirmative defense.

When no evidence creates a genuine issue on an essential element of the plaintiff’s claim, the claim fails and all other factual disputes are immaterial.

Stephens v. Clairmont Center, Inc. · filed 1998-02-26(c)

If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiff’s claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial.

A defendant meets its summary-judgment burden by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Christopher v. Donna's Country Store · filed 1999-02-03(c)

A defendant meets this burden by “showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. . . . All of the other disputes of fact are rendered immaterial.”

A defendant seeking summary judgment must pierce the complaint and establish as a matter of law that the plaintiff cannot recover under any theory fairly drawn from the pleadings and evidence.

Hyde v. Gill · filed 1999-03-02

In order to prevail on a motion for summary judgment (OCGA § 9-11-56), a defendant-movant is required to pierce the allegations of the complaint and to establish as a matter of law that the plaintiff could not recover under any theory fairly drawn from the pleadings and the evidence.

A defendant moving for summary judgment may prevail only by piercing the plaintiff’s pleadings or by establishing a prima facie affirmative defense.

Fedeli v. UAP/Ga. Ag. Chem., Inc. · filed 1999-03-16

On a motion for summary judgment under OCGA § 9-11-56, the defendant, as the moving party, may only prevail either by piercing the plaintiff’s pleadings or by presenting evidence which establishes a prima facie affirmative defense.

A defendant may prevail on summary judgment by presenting evidence negating an essential element of the plaintiff’s claim or by establishing that the record lacks evidence supporting the claim.

Oglethorpe Development Group, Inc. v. Coleman · filed 1999-06-01(c)

A defendant may do this by either presenting evidence negating an essential element of the plaintiff’s claims or establishing from the record an absence of evidence to support such claims.

A movant is not entitled to summary judgment when it fails to pierce the pleadings and the respondent presents affidavit evidence creating material fact issues for trial.

Health Horizons, Inc. v. State Farm Mutual Automobile Insurance · filed 1999-07-29(e)

For the foregoing reasons, State Farm has failed to pierce the pleadings of Health Horizons to show that at least one essential element cannot be shown at trial. Health Horizons has, nonetheless, come forward with the affidavit of Dr. Knott, showing that there exist material issues of fact for jury trial.

A defendant may obtain summary judgment by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Morgan v. American Insurance Managers, Inc. · filed 1999-08-17

A defendant may do ... this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant that successfully pierces the pleadings is entitled to summary judgment when the plaintiff produces no evidence supporting essential elements of the claims.

Chiaka v. Rawles · filed 1999-11-15(c)

Because Clark Atlanta successfully pierced the pleadings, we affirm.

A defendant may obtain summary judgment by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s claim.

Lang v. Becham · filed 2000-03-08

To prevail on a motion for summary judgment, a defendant must demonstrate “that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs claim.”

A defendant may obtain summary judgment by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

GFA Business Solutions, Inc. v. Greenway Insurance Agency, Inc. · filed 2000-03-10

In order to prevail on a motion for summary judgment under OCGA § 9-11-56, the movant must show that there is no genuine issue of material fact and that the facts, viewed in the light most favorable to the nonmovant, warrant judgment as a matter of law. ... A defendant may accomplish this by demonstrating that the record contains insufficient evidence to create a jury issue on at least one essential element of the plaintiff’s case.

A defendant must first pierce the complaint with competent evidence showing that an essential element of each theory is absent or cannot be proved before the burden shifts to the respondent.

Saltis v. A.B.B. Daimler Benz · filed 2000-04-14(a), (c), and (e)

Under OCGA § 9-11-56 (a), (c), and (e), the defendant must pierce the contentions of the complaint with competent evidence, showing from the entire record or the absence of evidence that at least one essential element of each theory of recovery is absent or cannot be proven at trial. The movant must carry this initial burden of proof before the burden of coming forward with some evidence to create a material issue of fact shifts to the respondent.

A defendant seeking summary judgment must show that no genuine issue of material fact exists and that the undisputed facts, viewed in the plaintiff’s favor, warrant judgment as a matter of law.

Swan Kang, Inc. v. Tae Sang Kang (Yi) · filed 2000-04-21

To prevail on summary judgment, a defendant must show that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the plaintiff, warrant judgment as a matter of law.

A defendant meets its summary-judgment burden by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Walker v. Hammock · filed 2000-11-02(c)

A defendant meets this burden by “showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.”

A defendant may meet its summary-judgment burden by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Yarbrough v. Kirkland · filed 2001-05-08(c)

A defendant may meet its burden in moving for summary judgment by showing the court that the documents, affidavits, depositions, and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential ... element of plaintiffs case.

A defendant need not produce evidence to obtain summary judgment but may point to the absence of evidence supporting at least one essential element of the plaintiff's claim.

Cope v. Enterprise Rent-A-Car · filed 2001-07-06(c)

To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiffs claim.

A defendant may meet its summary-judgment burden by showing an absence of evidence supporting the plaintiff's case, after which the plaintiff must identify specific evidence creating a triable issue.

Kaylor v. Atwell · filed 2001-08-17(c), (e)

To prevail on summary judgment, a defendant must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the plaintiff, warrant judgment as a matter of law. ... A defendant may discharge his burden by demonstrating an absence of evidence to support the plaintiffs case. If the defendant discharges this burden, the plaintiff cannot rest on his pleadings, but rather must point to specific evidence giving rise to a triable issue.

A defendant can meet subsection (c)'s summary-judgment burden by showing that the record lacks evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Jordan v. Spirit Rent-A-Car · filed 2001-09-14(c)

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). A defendant may meet its burden on a motion for summary judgment by showing the court that the documents, affidavits, depositions, and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant who lacks the trial burden can obtain summary judgment by showing that the record contains no evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Federal Insurance v. Farmer's Supply Store, Inc. · filed 2001-10-12(c)

To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56 (c). A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant can obtain summary judgment by showing that the record contains no evidence sufficient to create a jury issue on at least one essential element of the plaintiff's case.

Southern Exposition Management Co. v. Genmar Industries, Inc. · filed 2001-07-05(c)

A defendant may do this by showing the court that the documents, affidavits, depositions, and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant may obtain summary judgment without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff's claim.

Edwards v. Central Georgia HHS, Inc. · filed 2002-01-15(c)

To obtain summary judgment, a defendant need not produce any evidence but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may obtain summary judgment without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff's claim.

Johnson v. American National Red Cross · filed 2002-02-06(c)

To obtain summary judgment, a defendant need not produce any evidence but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may meet subsection (c)'s summary-judgment burden by pointing to an absence of evidence supporting an essential element of the plaintiff's claim.

Phillips v. South West Mechanical Contractors, Inc. · filed 2002-03-07(c)

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). A defendant need not produce any evidence, but must only point to an absence of evidence to support at least one essential element of the plaintiff’s claim.

A defendant may satisfy subsection (c) by negating an essential element of the plaintiff's claims or showing that the record lacks evidence supporting the claims.

Royal v. Ferrellgas, Inc. · filed 2002-03-12(c)

To prevail on motion for summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and the undisputed facts warrant judgment as a matter of law. OCGA § 9-11-56 (c). A defendant may do this by either presenting evidence negating an essential element of the plaintiff’s claims or establishing from the record an absence of evidence to support such claims.

A defendant may obtain summary judgment under subsection (c) by pointing to an absence of evidence supporting at least one essential element of the plaintiff's claim.

Katz v. Hospital Authority · filed 2002-03-12(c)

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may obtain summary judgment without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff's claim.

Ponder v. Brooks · filed 2002-07-18(c)

To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant can carry subsection (c)'s burden by showing that the record lacks evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Rice v. Six Flags Over Georgia, LLC · filed 2002-09-27(c)

A defendant meets this burden by “showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case. . . . All of the other disputes of fact are rendered immaterial.”

A defendant carries subsection (c)'s burden by establishing that no evidence creates a jury issue on the essential elements of the plaintiff's case.

Davis v. Blockbuster, Inc. · filed 2002-10-17(c)

We thus find that Blockbuster met its burden under OCGA § 9-11-56 (c) by establishing that there was no evidence to create jury issues on the essential elements of Davis’s case.

A claim fails under subsection (e) when the record contains no evidence sufficient to create a genuine issue on any essential element of the claim.

Nel v. DWP/BATES TECHNOLOGY, LLC · filed 2003-03-19(e)

If it can be shown there is no evidence sufficient to create a genuine issue as to any of the essential elements of the plaintiff’s claim, the claim must then fail. OCGA § 9-11-56 (e).

A defendant may satisfy subsection (c) by showing that the record lacks evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Salhab v. Tift Heart Center, P.C. · filed 2003-04-09(c)

A defendant may demonstrate this by showing the trial court that the documents, affidavits, depositions, and other evidence in the record disclose the absence of evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

A defendant may obtain summary judgment under subsection (c) by pointing to an absence of evidence supporting an essential element of the plaintiff's claim.

Harkins v. Progressive Gulf Insurance · filed 2003-06-17(c)

A defendant need not produce any evidence to obtain summary judgment, but must only point to an absence of evidence supporting at least one essential element of the plaintiffs claim.

A defendant may obtain summary judgment without producing evidence by showing that no evidence supports at least one essential element of the plaintiff's case.

Dawkins v. Doe · filed 2003-10-22(c)

To obtain summary judgment, a defendant need not produce any evidence, but must only show that no evidence supports at least one essential element of the plaintiff’s case.

A defendant may obtain summary judgment by showing that the record contains no evidence sufficient to create a jury issue on at least one essential element of the plaintiff's case.

Standard v. Hobbs · filed 2003-11-04

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant may obtain summary judgment under subsection (c) by pointing to an absence of evidence supporting an essential element of the plaintiff's claim.

Brown v. All-Tech Inv. Group, Inc. · filed 2003-12-15(c)

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56(c). To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff's claim.

A defendant may obtain summary judgment under subsection (c) by pointing to an absence of evidence supporting an essential element of the plaintiff's claim.

Nunn v. Page · filed 2004-02-09(c)

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may obtain summary judgment without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff's claim.

Tucker v. Thomas C. Talley, M.D., P.C. · filed 2004-06-14(c)

To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiffs claim.

A defendant without the trial burden may obtain summary judgment by pointing to an absence of evidence supporting the plaintiff's allegations.

Key v. Naylor, Inc. · filed 2004-07-09(e)

Where, as in this case, Naylor, Inc., did not have the burden of proof at trial, it likewise had no burden to affirmatively disprove Key’s case. Instead, Naylor, Inc., need only point out the absence of evidence supporting her allegations.

A defendant may carry subsection (c)'s burden by showing that the record lacks evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Everett v. Goodloe · filed 2004-07-15(c)

A defendant meets this burden by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case. .. .All of the other disputes of fact are rendered immaterial.

A defendant may obtain summary judgment without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff's claim.

Navajo Construction, Inc. v. Brigham · filed 2004-12-16(c)

To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiffs claim.

A defendant carries its summary-judgment burden by demonstrating an absence of evidence on one essential element of the plaintiff's case.

WirelessMD, Inc. v. Healthcare. Com Corp. · filed 2005-01-31(c)

A defendant carries this burden by demonstrating the absence of evidence as to one essential element of the plaintiff s case.

A defendant may carry subsection (c)'s burden by showing that the record lacks evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Johnson v. E. A. Mann & Co. · filed 2005-05-05(c)

A defendant may do this by showing the court that the documents, affidavits, depositions, and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of the plaintiffs case.

A defendant may obtain summary judgment under subsection (c) by showing that the record lacks evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Allen v. Cannon · filed 2005-05-10(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.

A defendant may carry subsection (c)'s burden by showing that the record lacks evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Washington v. J. D. Royer Wholesale Florist · filed 2005-09-07(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.

A defendant may carry subsection (c)'s burden by showing that the record lacks evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Rasheed v. KLOPP ENTERPRISES, INC. · filed 2005-10-25(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.

A defendant obtains summary judgment when the evidence is insufficient to create a jury issue on an essential element and the movant is entitled to judgment as a matter of law.

Burt v. James · filed 2005-11-15(c)

Summary judgment is appropriate when no genuine issue of material fact remains for the jury and the movant is entitled to judgment as a matter of law. OCGA§ 9-11-56. Summary adjudication is proper if a defendant/movant shows that the evidence presented is insufficient to create a jury issue on at least one essential element of the plaintiff’s case.

A defendant may obtain summary judgment either by negating one or more elements of the plaintiff's claims or by showing the record lacks sufficient evidence supporting them.

Koncul Enterprises Inc. v. Fleet Finance, Inc. · filed 2006-04-20(c)

A defendant moving for summary judgment may put forth evidence to show that there is no issue of fact as to one or more elements of the plaintiffs causes of action or demonstrate that the record lacks sufficient evidence to support one or more of the plaintiffs causes of action.

A defendant is entitled to summary judgment if one essential element of every recovery theory is lacking, regardless of factual issues concerning other elements.

Cotton States Mutual Insurance v. Kinzalow · filed 2006-07-11(c)

But “[s]o long as one essential element under any theory of recovery is lacking[,] the defendant is entitled to summary judgment as a matter of law irrespective of any issues of fact with regard to other essential elements.”

A defendant moving under section 9-11-56 must affirmatively disprove the claim or show a record-based absence of evidence on an essential element, even on issues the plaintiff must prove at trial.

Solomon v. Barnett · filed 2006-10-16

we recognize that Barnett, as a named defendant, could prevail at summary judgment under OCGA § 9-11-56 only by affirmatively disproving Solomon’s claim with his own evidence establishing the absence of any genuine issue of material fact or by showing from the affidavits, depositions and other documents in the record that there was an absence of evidence to support at least one essential element of Solomon’s claim. Barnett had the burden of proof even as to issues upon which Solomon would have the trial burden.

A defendant may obtain summary judgment without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff's claim.

Todd v. Byrd · filed 2006-12-01(c)

To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiffs claim.

A party without the trial burden may obtain summary judgment by showing from record evidence an absence of evidence supporting an essential element of the nonmoving party's case.

Southway Industrial Services, Inc. v. Boyd · filed 2007-03-02(c)

[A] party who will not bear the burden of proof at trial need not conclusively prove the opposite of each element of the non-moving party’s case. Rather, that party must demonstrate by reference to evidence in the record that there is an absence of evidence to support at least one essential element of the non-moving party’s case.

A defendant may obtain summary judgment by negating one or more elements of the plaintiff's claims or showing the record lacks sufficient evidence supporting them.

Ranwal Properties, LLC v. John H. Harland Co. · filed 2007-05-24(c)

A defendant moving for summary judgment may put forth evidence to show that there is no issue of fact as to one or more elements of the plaintiffs causes of action or ... demonstrate that the record lacks sufficient evidence to support one or more of the plaintiffs causes of action.

A defendant is entitled to summary judgment by showing the evidence is insufficient to create a jury issue on at least one essential element of the plaintiff's case.

Oehlerich v. Llewellyn · filed 2007-06-07

A defendant is entitled to summary judgment if he can show that the evidence is not sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant may obtain summary judgment by showing the record contains no evidence sufficient to create a jury issue on at least one essential element of the plaintiff's case.

Renz v. Northside Hospital, Inc. · filed 2007-06-18

A defendant may do this by showing the court that the documents, affidavits, depositions, and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of the plaintiffs case.

A defendant may obtain summary judgment by showing the record lacks evidence sufficient to create a genuine jury issue on at least one essential element of the plaintiff's case.

Gay v. Redland Baptist Church · filed 2007-10-24

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a genuine jury issue on at least one essential element of plaintiffs case.

A party without the trial burden may obtain summary judgment by pointing to record materials showing an absence of evidence supporting the nonmoving party's case.

Gibson v. Halpern Enterprises · filed 2007-11-26(c)

The party “who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case.”

A defendant without the trial burden may obtain summary judgment by showing an absence of evidence supporting an essential element of the nonmoving party's case.

Williams v. Ngo · filed 2007-12-19(c)

In order to prevail at summary judgment, “[a] defendant who will not bear the burden of proof at trial need only show an absence of evidence to support an essential element of the nonmoving party’s case.”

A defendant without the trial burden may obtain summary judgment by showing the record lacks evidence sufficient to create a genuine jury issue on at least one essential element of the plaintiff's case.

Daniel v. Allstate Insurance · filed 2008-04-10

A defendant who does not bear the burden of proof at trial may establish entitlement to summary judgment by demonstrating “that the documents, affidavits, depositions [,] and other evidence in the record reveal that there is no evidence sufficient to create a genuine jury issue on at least one essential element of plaintiffs case.”

A party without the trial burden may obtain summary judgment by pointing to record materials showing an absence of evidence supporting the nonmoving party's case.

Kramer v. Yokely · filed 2008-05-02(c)

The party who will not bear the burden of proof at tried need not affirmatively disprove the nonmoving party’s case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case.

A defendant may carry subsection (c)'s burden by showing that record materials reveal no evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Duke Galish, LLC v. Manton · filed 2008-06-05(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.

A defendant may obtain summary judgment by showing the record contains no evidence sufficient to create a jury issue on at least one essential element of the plaintiff's case.

Dennis v. First National Bank of the South · filed 2008-10-08(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.

A defendant may obtain summary judgment by showing the record contains no evidence sufficient to create a jury issue on at least one essential element of the plaintiff's case.

Travelers Excess and Surplus Lines Co. v. City of Atlanta · filed 2009-04-06

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.

A defendant may obtain summary judgment by showing the record contains no evidence sufficient to create a jury issue on at least one essential element of the plaintiff's case.

Lehman v. Keller · filed 2009-04-07(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.

A defendant may carry subsection (c)'s burden by showing that record materials reveal no evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Mason v. Allstate Insurance Co. · filed 2009-06-12(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.

A defendant moving under section 9-11-56 must pierce the complaint and establish as a matter of law that the plaintiff cannot recover under any theory fairly drawn from the pleadings and evidence.

Camden County v. Lewis · filed 2009-06-29

In order to prevail on a motion for summary judgment (OCGA § 9-11-56), a defendant-movant is required to pierce the allegations of the complaint and to establish as a matter of law that the plaintiff could not recover under any theory fairly drawn from the pleadings and the evidence.

A defendant may obtain summary judgment by pointing to an absence of evidence supporting at least one essential element of the plaintiff's claim.

West v. West · filed 2009-08-07(c)

To obtain summary judgment, a defendant need not produce any evidence but must only point to an absence of evidence supporting at least one essential element of the plaintiffs claim.

A defendant may obtain summary judgment by showing that the record contains no evidence sufficient to create a jury issue on at least one essential element of the plaintiff's case.

Banks v. Echols · filed 2010-03-10

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.

A defendant may obtain summary judgment by showing that the record lacks evidence sufficient for a jury issue on at least one essential element, with all reasonable doubts and inferences resolved for the nonmovant.

Roberts v. Connell · filed 2011-11-14

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff s case. When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Further, any doubts on the existence of a genuine issue of material fact are resolved against the movant for summary judgment.

A defendant may obtain summary judgment by showing that the plaintiff lacks evidence sufficient to create a jury issue on at least one essential element of the claim.

L-3 Communications Titan Corp. v. Patrick · filed 2012-06-25(c)

Summary judgment is appropriate when no genuine issues of material fact remain and the evidence, construed in the light most favorable to the nonmoving party, warrants judgment as a matter of law. A defendant may obtain summary judgment by showing that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant may obtain summary judgment by showing that record evidence is insufficient to create a jury issue on at least one essential element of the plaintiff's case.

Dailey v. Abdul-Samed · filed 2012-11-28

To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant may obtain summary judgment by showing that record evidence is insufficient to create a jury issue on at least one essential element of the plaintiff's claim.

Marino v. Clary Lakes Homeowners Ass'n · filed 2013-07-12(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant may obtain summary judgment by showing that record evidence is insufficient to create a jury issue on at least one essential element of the plaintiff's case.

Gray v. Hobby Lobby Stores, Inc · filed 2013-08-08(c)

To prevail on summary judgment, a defendant may show “that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.”

A defendant may obtain summary judgment by showing that record evidence is insufficient to create a jury issue on at least one essential element of the plaintiff's case.

Eells v. State Farm Mutual Automobile Insurance Company · filed 2013-11-20(c)

A defendant may prevail on summary judgment by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant may satisfy the summary-judgment burden either by affirmatively disproving the plaintiff’s claim or by showing that the record lacks evidence supporting an essential element.

Martin v. Hansen · filed 2014-03-10

As the movant defendants, the Martins could prevail at summary judgment under OCGA § 9-11-56 only by affirmatively disproving [Hansen’s] claim[s] with [their] own evidence establishing the absence of any genuine issue of material fact or by showing from the affidavits, depositions and other documents in the record that there was an absence of evidence to support at least one essential element of [Hansen’s] claim[s].

A defendant may obtain summary judgment by affirmatively disproving an element the plaintiff must prove or by identifying an absence of evidence on that element.

CITY OF SANDY SPRINGS Et Al. v. MILLS · filed 2015-04-10(c)

When a defendant moves for summary judgment as to an element of the case for which the plaintiff, and not the defendant, will bear the burden of proof at trial, the defendant may show that he is entitled to summary judgment either by affirmatively disproving that element of the case or by pointing to an absence of evidence in the record by which the plaintiff might carry the burden to prove that element.

A defendant may obtain summary judgment by showing that record evidence is insufficient to create a jury issue on at least one essential element of the plaintiff's case.

Barbour-Amir v. Comcast of georgia/virginia, Inc. · filed 2015-05-05(c)

A defendant can prevail on summary judgment by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of [the] plaintiff’s case.

A defendant may obtain summary judgment by negating an essential element of the plaintiff's claims or establishing from the record an absence of evidence supporting those claims.

WELLS FARGO BANK, N.A. v. LaTOUCHE · filed 2017-03-07(c)

A defendant may do this either by presenting evidence negating an essential element of the plaintiff’s claims or establishing from the record an absence of evidence to support such claims.

A defendant may obtain summary judgment by showing that record evidence is insufficient to create a jury issue on at least one essential element of the plaintiff's case.

Joe Enterprise, LLC v. Kane · filed 2017-03-09(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant seeking summary judgment on an affirmative defense must prove a prima facie case and may not rely on the record’s absence of evidence disproving that defense.

Hardaway v. MacOn-bibb County · filed 2022-06-22(c)

A defendant moving for summary judgment based on an affirmative defense may not rely upon an absence of evidence in the record disproving the affirmative defense. ... it was the responsibility of the trial court to review the evidence and determine whether a prima facie case had been proven by the movant.

A defendant satisfies the summary-judgment burden by negating an essential element of the plaintiff’s claim or showing that the record lacks evidence supporting it.

ANDREA LEAH COTTON v. PRODIGIES CHILD CARE MANAGEMENT LLC, D/B/A UNIVERSITY CHILDCARE CENTER · filed 2024-06-25(c)

A defendant meets this requirement if it presents “evidence negating an essential element of the plaintiff’s claims or establishing from the record an absence of evidence to support such claims.” McBee, 302 Ga. at 663 (1) (citation and punctuation omitted).

A defendant who will not bear the trial burden need not disprove the plaintiff’s case and may instead identify an absence of evidence on an essential element.

KIDD v. METRO BROKERS, INC. · filed 2024-08-08(c)

Importantly, a defendant who will not bear the burden of proof at trial “need not affirmatively disprove the nonmoving party’s case, but may point out by reference to the evidence in the record that there is an absence of evidence to support any essential element of the nonmoving party’s case.”

A defendant that does not bear the trial burden may obtain summary judgment by disproving an element or identifying an absence of evidence, after which the plaintiff must identify specific evidence creating a triable issue.

JONES v. SCARLETT & ASSOCIATES, INC. · filed 2024-10-28(c)

When a defendant moves for summary judgment as to an element of the case for which the plaintiff, and not the defendant, will bear the burden of proof at trial[,] the defendant may show that [it] is entitled to summary judgment either by affirmatively disproving that element of the case or by pointing to an absence of evidence in the record by which the plaintiff might carry the burden to prove that element. And if the defendant does so, the plaintiff cannot rest on his pleadings, but rather must point to specific evidence giving rise to a triable issue.

A defendant may obtain summary judgment by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff's claim.

GLOVER v. COREY DEAN MOORE · filed 2025-02-26

A defendant may do this by showing the court that the documents, affidavits, depositions, and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

Section 9-11-56(c) permits a defendant to obtain summary judgment by pointing to the absence of evidence supporting an essential element of the plaintiff’s claim, without producing evidence.

Mansell v. Starr Enterprises/Texaco, Inc. · filed 2002-07-01(c)

To obtain summary judgment, a defendant need not produce any evidence but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may satisfy subsection (c) by showing record materials reveal no evidence sufficient to create a jury issue on an essential element.

Hunt v. Thomas · filed 2009-03-09(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.

A defendant may satisfy section 9-11-56 by showing that record materials reveal no evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

La Quinta Inns, Inc. v. Leech · filed 2008-02-29

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant may satisfy section 9-11-56 by showing that record materials reveal no evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Rachels v. Thompson · filed 2008-03-07

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a genuine jury issue on at least one essential element of plaintiffs case.

A movant may obtain summary judgment under subsection (c) by pointing to a lack of evidence on a single element of the plaintiff’s claim.

Halilovic v. Penske Truck Leasing · filed 2007-08-10(c)

To obtain summary judgment, the movant needs only to point to a lack of evidence behind a single element of the plaintiffs claim.

A defendant may satisfy subsection (c) by showing an absence of evidence supporting an essential element of the plaintiff’s case.

Brady v. ELEVATOR SPECIALISTS, INC. · filed 2007-08-20(c)

A defendant seeking summary judgment, “need only show an absence of evidence to support an essential element” of the plaintiffs case to prevail.

A defendant may satisfy subsection (c) by showing that record materials reveal no evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Lilliston v. Regions Bank · filed 2007-09-19(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

After a defendant identifies a record-based absence of evidence, subsection (c) requires the nonmovant to point to specific evidence creating a triable factual issue rather than rest on the pleadings.

Roberts v. Wal-Mart Stores, Inc. · filed 2007-08-22(c)

A defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions, and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the non-moving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue of fact.

A defendant may satisfy subsection (c) by identifying a record-based absence of evidence on an essential element, after which the nonmovant must point to specific evidence creating a triable issue.

McCullough v. Reyes · filed 2007-09-11(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case. The burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.

A defendant may obtain summary judgment under subsection (c) without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

Brookview Holdings, LLC v. Suarez · filed 2007-03-29(c)

[s]ummary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiffs claim.

A defendant may satisfy subsection (c) by showing that record materials reveal no evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Austin v. PMG Acquisition, LLC · filed 2006-03-07(c)

“A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.”

A defendant may satisfy subsection (c) by showing that record materials reveal no evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Medical Center of Central Georgia, Inc. v. Landers · filed 2005-06-02(c)

A defendant may do this by showing the court that the documents, affidavits, depositions, and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of the plaintiffs case.

After the movant negates or shows no evidence on an essential element, subsection (e) bars the nonmovant from resting on the pleadings and requires specific evidence creating a triable issue.

Murphy v. Berger · filed 2005-06-21(e)

If the moving party discharges this burden, the nonmoving party cannot rest on the mere allegations or denials of his pleadings, but rather must point to specific evidence giving rise to a triable issue.

A defendant may obtain summary judgment under subsection (c) without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

Gay v. Georgia Department of Corrections · filed 2004-10-08(c)

To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiffs claim.

A defendant may satisfy subsection (c) by pointing to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

Jones v. Board of Regents of the University System · filed 2003-07-01(c)

To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may satisfy subsection (c) by pointing to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

Gerschick v. Pounds · filed 2003-07-02(c)

To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may satisfy subsection (c) by pointing to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

West Coast Cambridge, Inc. v. Rice · filed 2003-07-02(c)

To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may obtain summary judgment under subsection (c) without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

Roddy v. Tanner Medical Center, Inc. · filed 2003-07-08(c)

Summary judgment is proper when there is no genuine issue of material fact, and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). To obtain summary judgment, a defendant need not produce any evidence but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may obtain summary judgment under subsection (c) without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

Duvall v. Green · filed 2003-08-08(c)

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may satisfy section 9-11-56 by identifying record materials showing an absence of evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Charles v. Glover · filed 2002-12-04

A defendant may prevail at summary judgment under OCGA § 9-11-56 by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a genuine jury issue on at least one essential element of plaintiff’s case. A defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case.

A defendant may obtain summary judgment under subsection (c) without producing evidence by pointing to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

Watkins v. Home Depot U.S.A., Inc. · filed 2002-12-18(c)

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

A defendant may satisfy section 9-11-56 by identifying record materials showing an absence of evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Collins v. Hamilton · filed 2002-12-23

A defendant may prevail at summary judgment under OCGA § 9-11-56 by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a genuine jury issue on at least one essential element of plaintiff’s case. A defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case.

A defendant satisfies subsection (c) by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s claim.

Cobb Venture, LLC v. Donaldson · filed 2002-06-26(c)

A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.