Ga. Code Ann. § 9-11-56

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

Stebbins v. Georgia Power Co. · filed 2001-11-02(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 satisfies subsection (c) by showing the absence of evidence on an essential element, after which the plaintiff must identify specific evidence creating a triable issue.

Owens v. DeKalb Medical Center, Inc. · filed 2001-11-27(c)

To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law. ... A defendant carries this burden by demonstrating the absence of evidence as to one essential element of plaintiff’s case. ... Should the defendant do so, the plaintiff “cannot rest on [her] pleadings, but rather must point to specific evidence giving rise to a triable issue.”

A defendant meets subsection (c)’s 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.

Calabro v. Liberty Mutual Fire Insurance · filed 2001-11-29(c)

Summary judgment is proper where the moving party is able to show that no genuine issue of material fact exists and that the movant is entitled to summary judgment as a matter of law. OCGA § 9-11-56 (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 may obtain summary judgment under subsection (c) without producing evidence by identifying an absence of evidence on at least one essential element of the plaintiff’s claim.

Cheek v. NATIONAL AUTO SALES, INC. · filed 2001-12-19(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 that will not bear the burden at trial may satisfy subsection (c) by identifying record materials showing an absence of evidence supporting the nonmovant’s case.

Swindall v. Cox Enterprises, Inc. · filed 2002-01-11(c)

To prevail at summary judgment, the moving party must show that there is no genuine issue of material fact and that the undisputed facts, viewed most favorably to the nonmoving party, warrant judgment as a matter of law. ... A defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the moving party may discharge its burden by pointing out by reference to 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 prevail under subsection (e) by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff's case.

Bandy v. Mills · filed 1995-02-24(e)

Defendants may prevail on summary judgment under OCGA § 9-11-56 (e) “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 without the trial burden may obtain summary judgment by showing that the record lacks evidence sufficient to create a jury issue on an essential element of the plaintiff's case.

Yow v. Federal Paper Board Co. · filed 1995-03-15

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 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.

Smith v. Wilfong · filed 1995-09-01

“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.]’ [Cits.]”

A defendant that would not bear the trial burden may discharge its summary-judgment burden by identifying an absence of record evidence supporting the plaintiff's case rather than affirmatively disproving it.

Scott v. McDonald · filed 1995-10-25

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 that would not bear the trial burden may discharge its summary-judgment burden by identifying an absence of record evidence supporting the plaintiff's case.

Rowlette v. Paul · filed 1995-12-05

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 without the trial burden may obtain summary judgment by pointing to an absence of evidence supporting the nonmovant's case rather than affirmatively disproving it.

Metropolitan Atlanta Rapid Transit Authority v. Fife · filed 1996-02-21

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 without the trial burden may obtain summary judgment by showing that the record lacks evidence sufficient to create a jury issue on an essential claim element.

Southfund Partners v. City of Atlanta · filed 1996-06-07

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 plaintiff’s case.

A defendant is entitled to summary judgment after successfully piercing an essential element of the plaintiff's prima facie case.

Rodriquez v. City of Augusta · filed 1996-07-31(c)

Having successfully pierced an essential element of Rodriquez’s prima facie case, the City was entitled to summary judgment as a matter of law.

A plaintiff cannot survive a defendant's summary-judgment motion without record evidence sufficient to create a genuine issue on every essential element of the claim.

Motorola, Inc. v. Ward · filed 1996-11-25

Nevertheless, a plaintiff may not survive a defendant’s motion for summary judgment under OCGA § 9-11-56 if there is no evidence in the record “sufficient to create a genuine issue as to any essential element of plaintiff’s claim.”

After discovery, a defendant may carry its summary-judgment burden by identifying an absence of evidence on an essential element without affirmatively disproving that element, while the nonmovant may seek a subsection (f) continuance to obtain opposing evidence.

Walker v. Metropolitan Atlanta Rapid Transit Authority · filed 1997-06-11(c), (f)

MARTA was not required to do so, but was only required to point to the absence of evidence in the record on this issue.

A defendant-movant may prevail by piercing the plaintiff's pleadings and showing no material factual issue as to at least one essential element of the plaintiff's prima facie case.

Garrett v. NationsBank, NA (South) · filed 1997-08-11(c)

On a motion for summary judgment under OCGA § 9-11-56, the defendant, as the moving party, may prevail by “piercing the plaintiff’s pleadings,” i.e., demonstrating that plaintiff will be unable to prevail at trial, even when all doubts are resolved in favor of the plaintiff, because there is no issue of material fact as to at least one essential element of the plaintiff’s prima facie case.

Although a defendant moving for summary judgment must show no material factual issue, the claimant retains the evidentiary burden on an issue the claimant would have to prove at trial.

Milburn v. Nationwide Insurance · filed 1997-09-05(e)

Although Nationwide had the burden on its motion for summary judgment of demonstrating that there was no material issue of fact, the evidentiary burden at trial rested with Milburn as the party seeking to invoke the relation back provisions of OCGA § 9-11-15 (c) and the tolling of the statute of limitation.

A defendant cannot obtain summary judgment merely by presenting contradictory evidence, because that evidence creates an issue for jury resolution.

Bruno’s Food Stores, Inc. v. Taylor · filed 1997-09-09(c)

However, a defendant may not prevail simply by presenting contradictory evidence, as such evidence serves only to create an issue for jury resolution.

A defendant may discharge subsection (c)'s burden without affirmative conclusive evidence by demonstrating from the record that no material factual issue supports an essential element of the plaintiff's claim.

BBB SERVICE CO., INC. v. Glass · filed 1997-09-09(c)

A demonstration, via the record, of the nonexistence of an issue of material fact in support of an essential element of plaintiff’s claim will suffice to “disprove” such claim and discharge the defendant’s burden.

A defendant that pierces an essential element of the plaintiff's claim is entitled to summary judgment as a matter of law under subsection (c).

Cleghorn v. WINN DIXIE STORES, INC. · filed 1997-10-09(c)

Having successfully pierced an essential element of Cleghorn’s case, Winn Dixie was entitled to summary judgment as a matter of law.

A defendant is entitled to summary judgment when the record contains no evidence of its involvement in the alleged conduct needed to support the plaintiff's claim.

Presto v. Charter Peachford Behavioral Health System, Inc. · filed 1997-12-01(c)

There is no evidence that Charter Peachford had any involvement in the ongoing treatment of Greg at the time of his suicide which would support the Prestos’ claims of negligence.

Subsection (c) permits summary judgment when the claimant fails to present evidence creating a material factual issue on performance of a condition precedent.

Marchman v. Grange Mutual Insurance · filed 1998-05-06(c)

Accordingly, March-man failed to present any evidence to create a material issue of fact regarding his performance of the conditions precedent and his entitlement to benefits under the replacement cost rider, and the trial court was authorized to grant summary judgment to Grange Mutual.

Subsection (c) permits summary judgment when the party opposing it fails to produce evidence creating a disputed material fact.

Lewis v. Turner Broadcasting System, Inc. · filed 1998-06-10(c)

Thus, the appellants failed to prove that either subsection (i) or (ii) was triggered. In the absence of evidence of a disputed material fact, the award of summary judgment was proper on this issue. OCGA § 9-11-56 (c).

A defendant that pierces an essential element of the plaintiff’s prima facie case is entitled to summary judgment when the plaintiff offers no evidence supporting that element.

Peterson Properties Corp. v. Finch · filed 1998-11-02(e)

This evidence fails to show that Peterson knew or should have known of the alleged misleveling problem even assuming arguendo that the elevator misleveled. Having pierced an essential element of Finch’s prima facie case, Peterson was entitled to judgment as matter of law.

A defendant is entitled to summary judgment by demonstrating no genuine issue of material fact on at least one essential element of the plaintiff’s case.

Simmons v. Hill · filed 2000-01-21

A defendant is entitled to summary judgment if he demonstrates that there is no genuine issue of material fact as to at least one of the essential elements of the plaintiff’s case.

A defendant’s absence-of-evidence showing shifts the burden only on claims the defendant actually addresses and cannot support complete summary judgment on additional claims for which the defendant made no showing.

Griffin v. Turner · filed 2019-06-21(c)

Turner has not used the available discovery procedures to determine if there are any other customers and, if so, who they are. As the record now stands, there is no evidence that the three specified customers are the only ones at issue. The burden never shifted to Griffin to point to specific evidence giving rise to a triable issue on any other tortious interference claims.

A defendant is entitled to summary judgment after establishing that the record contains no evidence supporting an essential element and the plaintiff fails to identify specific evidence creating a triable issue.

First Communities Management, Inc. v. Holmes · filed 2020-01-28(c)

Summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. OCGA § 9-11-56 (c). “A defendant may demonstrate that he is entitled to summary judgment 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.” ... Because First Communities established that there is no evidence of hazardous condition and Holmes has failed to point to any specific evidence giving rise to a triable issue, “[i]t follows that the trial court erred in denying [the] motion for summary judgment.”

A defendant is entitled to summary judgment by establishing from the record that evidence is absent on an essential element of the plaintiff’s claim.

Dutt v. Mannar and Company, LLC · filed 2020-03-13(c)

Summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. OCGA § 9-11-56 (c). “A defendant may demonstrate that he is entitled to summary judgment 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.” ... Because Mannar established that there is an absence of the ... essential negligence element of duty, “the trial court committed no error in granting summary judgment to [Mannar] on [Dutt’s] negligence claim.”

Once a defendant negates an essential element or shows an absence of supporting evidence, the nonmovant may not rest on the pleadings and must identify specific evidence creating a triable issue.

G & E Construction, LLC v. Rubicon Construction, Inc. · filed 2020-10-21(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 demonstrate that there is no genuine issue of material fact, so that he is entitled to judgment as a matter of law, 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. ... Where a defendant moving for summary judgment 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 without the trial burden may obtain summary judgment by pointing to a record absence of evidence, after which the nonmovant must identify specific evidence creating a triable issue rather than rest on the pleadings.

Laliwala v. Harris · filed 2020-10-30(c), (e)

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 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 nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.

A defendant lacking the trial burden may obtain summary judgment by disproving an essential element or pointing to a record absence of evidence, after which the plaintiff must identify specific evidence creating a triable issue.

JOHN LOWE v. ANN ETHERIDGE, AS NATURAL PARENT OF NEXT OF KIN CLINTON GIDDENS · filed 2021-08-26(c), (e)

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. And if the defendant does so, the plaintiff cannot rest on [her] pleadings, but rather must point to specific evidence giving rise to a triable issue.

A movant may discharge the summary-judgment burden by identifying affidavits, depositions, or other record materials showing an absence of evidence supporting the nonmovant’s case.

Stanley v. Dekalb County · filed 2021-10-08(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. ... See also OCGA § 9-11-56 (c). “[T]he 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.” ... See also OCGA § 9-11-56 (c).

A defendant without the trial burden may obtain summary judgment by negating an essential element or showing a record absence of evidence, after which the nonmovant must identify specific evidence creating a triable issue.

Yohan Trotter v. Tucker Football League, Inc. · filed 2022-06-24(c), (e)

A defendant, which does not bear the burden of proof at trial, 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. ... Where a defendant moving for summary judgment 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 without producing evidence by pointing to the absence of evidence supporting an essential element of the plaintiff’s claim.

Harris v. City of Atlanta. · filed 2018-02-28(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 fails to satisfy subsection (c) by neither offering evidence nor pointing to the record’s absence of evidence supporting the plaintiff’s claims.

PETERSON v. PETERSON · filed 2018-03-05(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).” ... Here, Mary, as the defendant, did not put in any evidence, and she did not attempt to point to the absence of evidence in the record to support Alex’s and David’s claims.

A defendant may 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.

Cancel v. the Medical Center of Central Georgia, Inc. · filed 2018-03-15(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 the record contains no evidence sufficient to create a jury issue on an essential element of the plaintiff’s case.

Cancel v. Med. Ctr. of Cent. Ga., Inc. · filed 2018-03-15(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 without the trial burden may obtain summary judgment by showing that record evidence is absent on an essential element, after which the plaintiff must identify specific evidence creating a triable issue.

Sheffield v. Conair Corporation · filed 2018-10-30(c), (e)

A defendant seeking summary judgment “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.” ... Thus, “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.” ... When this is done, the plaintiff “cannot rest on its pleadings, but rather must point to specific ... evidence giving rise to a triable issue.”

A defendant may obtain summary judgment by showing that evidence is absent on an essential element, after which the plaintiff must identify specific evidence creating a triable factual issue.

Weickert v. Home Depot U.S.A., Inc. · filed 2018-10-30(c)

A defendant demonstrates entitlement to 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. The defendant does not need to affirmatively disprove the plaintiff’s case, but may prevail simply by pointing to the lack of evidence. If the defendant does so, the plaintiff cannot rest on his pleadings, but must point to specific evidence that gives rise to a triable issue of fact.

A defendant who identifies an absence of evidence on an essential claim element shifts the burden to the plaintiff to identify specific evidence creating a triable issue; speculation and possible disbelief of the defendant are insufficient.

SHADRIX v. WILLINGHAM · filed 2026-02-17(c), (e)

“[T]he 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.” ... “[S]peculation which raises merely a conjecture or possibility is not sufficient to create even an inference of fact for consideration on summary judgment.”

A defendant without the trial burden may obtain summary judgment by identifying record evidence showing an absence of proof on an essential element, without affirmatively disproving the claim.

Lau's Corp., Inc. v. Haskins · filed 1991-06-27(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.

A defendant who lacks the trial burden may obtain summary judgment by identifying record materials showing no evidence supports the plaintiff's case, after which the plaintiff must point to specific evidence creating a triable issue.

Jackson v. Department of Transportation · filed 1991-10-28(e)

“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 moving for summary judgment must pierce the complaint and show the plaintiff cannot recover under any theory fairly drawn from the pleadings and evidence.

Trust Co. Bank of Middle Georgia, N. A. v. Stubbs · filed 1992-03-10

“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. . . .

Summary judgment is proper when the record contains no evidence supporting an essential element of the plaintiff's claim.

Lepard v. Robb · filed 1991-09-03

In the absence of any evidence of publication of the letter, summary judgment was proper on Lepard’s entire claim.

A defendant without the trial burden may point to the record's absence of evidence, after which the plaintiff must identify specific evidence creating a triable issue.

Barksdale v. Nuwar · filed 1992-03-04(e)

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. OCGA § 9-11-56 (e).

A defendant without the trial burden may obtain summary judgment by pointing to the record's absence of evidence on an essential element, requiring the plaintiff to identify specific contrary evidence.

Collins v. Byrd · filed 1992-06-26(e)

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. OCGA § 9-11-56 (e).

A defendant can satisfy section 56(c) by pointing to record materials showing no evidence sufficient for a jury issue on one essential element.

Sullenberger v. Grand Union Co. · filed 1991-09-13(c)

Applying this standard to the facts in the case sub judice, appellee was entitled to summary judgment as a matter of law, and the trial court did not err by so ruling.

A defendant without the trial burden may support summary judgment by showing an absence of evidence, after which the plaintiff must identify specific evidence creating a triable issue.

Moss v. Protective Life Insurance · filed 1992-02-25(c), (e)

Since Protective Life would not have this burden at trial, on motion for summary judgment it does not have the burden of affirmatively disproving this part of Patrina Moss’ case. Its burden can be discharged by showing the absence of evidence supporting Patrina Moss’ case. Since Protective Life has done so, she must point to specific evidence showing a triable issue.

A defendant without the trial burden may obtain summary judgment by identifying a lack of evidence on an essential element of the plaintiff's claim, without affirmatively disproving the claim.

Braddy v. Collins Plumbing & Construction, Inc. · filed 1992-07-09(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 of 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 moving for 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.

Stone v. Radiology Services, P.A. · filed 1992-12-04

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

Wilkerson v. Alexander · filed 1993-03-02(e)

Appellant has failed to fulfill this edict. Appellees, having pierced the allegations of the complaint and established as a matter of law that the appellant could not recover under any theory fairly drawn from the pleadings and the evidence, were entitled to prevail on their motion for summary judgment, and the trial court correctly' ruled in their favor.

A defendant moving for 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.

First National Bank v. Loggins · filed 1993-03-03

“To prevail on a motion for summary judgment [under 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 by conclusively establishing facts that negate one or more essential elements of the plaintiff's action.

Wilks v. Piggly Wiggly Southern, Inc. · filed 1993-03-16

A defendant is entitled to summary judgment if he produces evidence conclusively establishing facts which negate one or more essential elements of the plaintiff’s action.

A defendant may carry 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.

Coker v. Culter · filed 1993-05-13(c)

A defendant seeking summary judgment may discharge his burden by showing an absence of evidence to support the plaintiff’s case. If the movant discharges this burden, the respondent cannot rest on the pleadings, but must point to specific evidence giving rise to a triable issue.

Summary judgment is proper when the record contains no evidence supporting the plaintiff's claim after the defendant has discharged its burden.

Sagnibene v. Budget Rent-A-Car Systems, Inc. · filed 1993-06-14(c), (e)

Inasmuch as there is an absence of evidence supporting the plaintiffs’ claim that the defendant did not comply with OCGA § 33-34-4, summary adjudication was proper as a matter of law.

A defendant without the trial burden may point to an absence of supporting evidence, after which the nonmovant must identify specific evidence creating a triable issue rather than rest on the pleadings.

Department of Transportation v. Smith · filed 1993-10-13(e)

“ ‘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 nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e).’

A defendant without the trial burden may show that the record lacks evidence supporting the claim, after which subsection (e) requires the nonmovant to identify specific evidence creating a triable issue.

Dowling v. Lopez · filed 1993-12-03(e)

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 nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e).

A defendant does not carry its summary-judgment burden when its evidence is insufficient to negate any element of the plaintiff's prima facie case.

Huntington v. Fishman · filed 1994-02-11(c)

Here, however, Fishman’s burden on summary judgment has not been met. ... We find this insufficient to negate any element of Huntington’s prima facie case.

A defendant may discharge its summary-judgment burden by identifying an absence of supporting evidence, after which subsection (e) requires the nonmovant to identify specific evidence creating a triable issue.

Southern Guaranty Insurance v. Ragan Insurance Agency, Inc. · filed 1994-03-17(e)

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 nonmoving party cannot rest on its pleadings, but must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e).”

A defendant need not disprove an element of the plaintiff's claim but may obtain summary judgment by showing the record lacks evidence sufficient to create a jury issue on that essential element.

Spartan Food Systems v. Williams · filed 1994-03-30(c), (e)

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. ... Therefore, Williams’ contention that Spartan had the burden of disproving its superior knowledge is without merit.

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

Simmons v. Department of Human Resources · filed 1994-04-13(c)

Accordingly, we find that the appellees met their burdens under OCGA § 9-11-56 (c) by establishing that there was no evidence to create jury issues on these essential elements of Simmons’ case.

A defendant without the burden of proof at trial may obtain summary judgment by identifying record materials showing an absence of evidence on an essential element of the plaintiff’s case.

Lewis v. Georgia-Pacific Corp. · filed 1998-01-15

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 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 without the trial burden may obtain summary judgment by identifying record evidence showing an absence of proof on an essential element, after which the nonmovant must identify specific evidence creating a triable issue.

Benton v. Gaudry · filed 1998-01-28(e)

“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 nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e).”

A defendant without the burden of proof at trial may obtain summary judgment by identifying record materials showing no evidence supports at least one essential element of the plaintiff’s case, without affirmatively disproving the case.

Kolomichuk v. Bruno's, Inc. · filed 1998-02-18

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 [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 prevail on summary judgment by showing that the record lacks evidence sufficient to create a genuine jury issue on at least one essential element of the plaintiff’s claim.

Eastside Properties v. Department of Transportation · filed 1998-03-13

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 plaintiff’s case.

A defendant without the trial burden may obtain summary judgment by identifying record evidence showing an absence of proof on an essential element, after which the nonmovant must identify specific evidence creating a triable issue.

Tri-County Investment Group, Ltd. v. Southern States, Inc. · filed 1998-03-16(e)

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 nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e).

After a defendant shows that the record lacks evidence or favorable inferences on an essential element, the plaintiff must produce evidence on that element or suffer summary judgment.

Merritt v. Athens Clarke County · filed 1998-07-01(e)

after the defendant-movant demonstrates the absence in the record of any evidence or favorable inference for the respondent giving rise to a material issue of fact as to one essential element of plaintiffs claim, the plaintiff must come forward with evidence as to such missing essential element to create an issue of fact for the jury or suffer the grant of summary judgment against him. OCGA § 9-11-56 (e).

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.

Amstadter v. Liberty Healthcare Corp. · filed 1998-07-02(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 is entitled to 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.

McMann v. Mockler · filed 1998-07-06

Faced with such a claim, a defendant is entitled to favorable resolution summarily if he can show that the record reveals “that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.”

When a defendant shows an absence of evidence on an essential element or affirmatively disproves it, the plaintiff must present affirmative evidence creating a jury issue rather than rest on the pleadings.

Kelson v. Central of Georgia Railroad · filed 1998-08-17(c), (e)

On a defense motion for summary judgment, if the defendant is able to demonstrate the absence of any evidence supporting an essential element of the plaintiff’s case, or if it affirmatively disproves an element, the plaintiff may not rest on mere assertions in his pleadings, but must present affirmative evidence which creates a jury issue on this element or suffer summary judgment.

A summary-judgment movant must show no genuine issue of material fact and entitlement to judgment as a matter of law, and a defendant may do so by identifying an absence of evidence on an essential element of the plaintiff’s case.

Davis v. First Healthcare Corp. · filed 1998-10-16(c)

To prevail at [a motion for] summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genu...ine 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 satisfies the 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.

Phelps v. Bellsouth Advertising & Publishing Corp. · filed 1998-11-06(c)

Summary judgment is appropriate where the moving party can show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (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 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 claim.

Padilla v. Hinesville Housing Authority · filed 1998-11-20(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 is entitled to summary judgment by showing that an essential element under every theory of recovery is missing and incapable of proof.

Beverly v. J. H. Harvey Co. · filed 1999-02-22

Defendant is entitled to summary judgment if it can show the court that “any essential element, under any theory of recovery, is missing and incapable of proof.”

A defendant is entitled to 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.

Dow Chemical Co. v. Ogletree, Deakins, Nash, Smoak & Stewart · filed 1999-03-16

Faced with such a claim, a defendant is entitled to favorable resolution summarily if he can show that the record reveals “that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.”

After a movant shows an absence of evidence on an essential element, subsection (e) prevents the nonmovant from resting on the pleadings and requires specific evidence creating a triable issue.

Jenkins v. Department of Corrections · filed 1999-05-28(e)

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 nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e).

A defendant may meet its summary-judgment burden by showing an absence of evidence on an essential element, after which the plaintiff must identify specific evidence creating a triable fact issue.

Wilson v. Mallard Creek Holdings · filed 1999-06-29(c)

The defendant may do this by showing that there is an absence of evidence to support an essential element of the plaintiffs case. Id. Once the defendant demonstrates the absence of evidence, it is incumbent upon the plaintiff to point to specific evidence which gives rise to a triable issue of fact.

A defendant satisfies the 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.

Gentry v. Volkswagen of America, Inc. · filed 1999-06-30(c)

Summary judgment is appropriate where the moving party can show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (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.

Once a defendant shows the record lacks evidence on an essential element, the plaintiff cannot rest on the pleadings and must identify specific evidence creating a triable issue.

Stewart v. Harvard · filed 1999-07-14

If a defendant, as the moving party, shows that the documents, affidavits, depositions and ... other ... evidence in the record reveal that there is no evidence sufficient to create a genuine issue as to any essential element of the plaintiff’s claim, then the plaintiff, as the non-moving party, cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.

A defendant satisfies the 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.

Zohoury v. Home Depot, Inc. · filed 1999-07-29(c)

Summary judgment is appropriate where the moving party can show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (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 satisfies the 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.

Howard v. JH Harvey Co., Inc. · filed 1999-08-18(c)

Summary judgment is appropriate where the moving party can show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (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 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.

Brownlee v. Winn-Dixie Atlanta, Inc. · filed 1999-10-15(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 is entitled to summary judgment on a claim by showing that the record lacks evidence sufficient to create a jury issue on any essential element of that claim.

Jenkins v. General Motors Corp. · filed 1999-11-02(c)

But if General Motors shows that there is no evidence sufficient to create a jury issue on any essential element of a claim, then General Motors is entitled to summary judgment on that claim.

A defendant without the trial burden may identify an absence of supporting evidence, after which the nonmovant cannot rest on the pleadings and must point to specific evidence creating a triable issue.

Scarbrough v. Hallam · filed 1999-11-16(e)

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 nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e).

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

Brand v. University Hospital · filed 1999-11-16(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.

After a defendant shows an absence of evidence supporting the plaintiff’s case, subsection (e) prevents the plaintiff from resting on the pleadings and requires specific evidence creating a triable issue.

Najem v. Classic Cadillac Atlanta Corp. · filed 1999-12-20(e)

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 nonmoving party cannot rest on its pleadings, but rather must point to ... specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e).

After a movant identifies an absence of evidence on an essential element, subsection (e) bars the nonmovant from resting on the pleadings and requires specific evidence creating a triable issue.

Febuary v. Averitt Properties, Inc. · filed 2000-01-31(e)

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. OCGA § 9-11-56 (e).

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

Clark v. Joiner · filed 2000-02-18(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.

After a defendant demonstrates an absence of evidence on an essential element, the plaintiff cannot rest on the pleadings and must identify specific evidence creating a triable issue.

Gray v. Oliver · filed 2000-02-29(e)

Summary judgment is proper where the movant shows no genuine issue of material fact exists and entitlement to summary judgment as a matter of law. A defendant carries this burden by demonstrating the absence of evidence as to one essential element of plaintiff’s case.

After a movant shows an absence of evidence on an essential element, subsection (e) prevents the nonmovant from resting on the pleadings and requires specific evidence creating a triable issue.

Ethridge v. Davis · filed 2000-03-02(e)

[T]he 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 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.

Szurovy v. Olderman · filed 2000-03-09(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 may obtain summary judgment without producing evidence by pointing to an absence of evidence supporting an essential element of the plaintiff’s claim.

Taylor v. Thompkins · filed 2000-03-15(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 by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Pyle v. Pyle · filed 2000-03-16(e)

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 an essential element of the plaintiff’s claim.

Kirkland v. Pioneer MacHinery, Inc. · filed 2000-04-25(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 need not produce affirmative evidence for summary judgment but may point to an absence of evidence supporting an essential element of the plaintiff’s claim.

Bendock v. Traton Corp. · filed 2000-05-19(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 need not produce evidence to obtain summary judgment and may instead point to an absence of evidence supporting an essential element of the plaintiff’s claim.

Grey v. Milliken & Co. · filed 2000-09-07(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 plaintiff’s claim.

After a movant identifies an absence of evidence on an essential element, subsection (e) requires the nonmovant to identify specific evidence creating a triable issue rather than rest on the pleadings.

Becton v. Tire King of North Columbus, Inc. · filed 2000-09-19(e)

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. OCGA § 9-11-56 (e).

A movant may identify an absence of supporting evidence, after which the nonmovant cannot rest on the pleadings and must point to specific evidence creating a triable issue.

Ingraham v. Marr · filed 2000-10-20(e)

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. OCGA § 9-11-56 (e).

A defendant satisfies the 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.

Metropolitan Property & Casualty Insurance v. Zeller · 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 summary-judgment movant may discharge its burden by identifying an absence of record evidence supporting the nonmoving party’s case.

Stephens v. Greensboro Properties, Ltd. · filed 2001-01-05(c)

The burden on the moving party may be discharged by pointing out by reference to the record that there is an absence of evidence to support the non-moving party’s case.

A summary-judgment movant may satisfy its burden by identifying record materials showing an absence of evidence on an essential element of the opposing party’s claim.

Calhoun v. Cullum's Lumber Mill, Inc. · filed 2001-01-23(e)

On summary judgment, the burden on Cullum’s Mill and Yeomans’ Wood, as the moving parties, 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 an essential element of Calhoun’s claim of tortious interference with contract.

After a summary-judgment movant identifies an absence of supporting evidence, the nonmovant cannot rest on the pleadings and must point to specific evidence creating a triable issue.

Williams v. American Medical Systems · filed 2001-03-07(e)

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. OCGA § 9-11-56 (e).

A defendant need not produce evidence to obtain summary judgment and may instead point to an absence of evidence supporting an essential element of the plaintiff’s claim.

Hoffman v. AC&S, INC. · filed 2001-03-14

To win 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 by showing that the record lacks evidence sufficient to create a jury issue on an essential element of the plaintiff’s case.

Aliabadi v. McCar Development Corp. · filed 2001-03-28(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 summary-judgment movant may prevail by negating an essential element or showing an absence of supporting evidence; once that burden is met, the nonmovant must identify specific evidence creating a triable issue.

Kerr v. Cohen · filed 2001-04-10(e)

On a motion for summary judgment under OCGA § 9-11-56, the moving party may prevail by (1) presenting evidence which negates an essential element of the plaintiff’s claims, or (2) showing an absence of evidence to support the case as to any essential element. ... 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. OCGA § 9-11-56 (e).

A defendant without the trial burden need not affirmatively disprove the case and may instead identify an absence of supporting evidence, after which the nonmovant must point to specific evidence creating a triable issue.

Tronitec, Inc. v. Shealy · filed 2001-04-11(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 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 by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Scott v. Cushman & Wakefield of Georgia, Inc. · filed 2001-04-17(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 plaintiff’s case.

A defendant need not produce evidence to obtain summary judgment and may instead point to an absence of evidence supporting an essential element of the plaintiff’s claim.

White v. BDO Seidman, LLP · filed 2001-05-22(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 need not produce affirmative evidence to obtain summary judgment but may point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.

Herron v. Hollis · filed 2001-02-22(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 that will not bear the trial burden need not disprove the plaintiff's case and may instead identify record materials showing an absence of supporting evidence.

Mindis Acquisition Corp. v. BDO Seidman, LLP · filed 2002-01-18(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.

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

Erickson v. Hodges · filed 2002-08-22

A defendant may prevail at summary judgment under OCGA § 9-11-56 ... by showing the court. . . that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

A defendant need not affirmatively disprove the plaintiffs' case and may obtain summary judgment by pointing to an absence of evidence supporting it.

Mallard v. Forest Heights Water Works, Inc. · filed 2003-03-19(e)

OCGA § 9-11-56 (e). A defendant need not “affirmatively disprove the plaintiffs’ case, but may prevail by pointing to the absence of evidence to support the plaintiffs’ case.”

A defendant that will not bear the trial burden may obtain summary judgment by showing an absence of evidence supporting an essential element of the nonmovant's case.

Simmons v. Futral · filed 2003-08-21(c)

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 can discharge its summary-judgment burden by identifying record materials showing an absence of evidence supporting the nonmovant’s case, after which the nonmovant must identify specific evidence creating a triable issue.

QBE Insurance Co. v. Couch Pipeline & Grading, Inc. · filed 2010-03-26(c)

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 lacking the trial burden may obtain summary judgment by identifying an absence of evidence on an essential element, after which the plaintiff must identify specific evidence creating a triable issue rather than rest on the pleadings.

Jones v. O'DAY · filed 2010-03-26(c), (e)

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. OCGA § 9-11-56 (e).

A defendant without the trial burden need not affirmatively disprove the nonmovant’s case and may instead identify an absence of supporting evidence in the record.

Mather v. L'OREAL USA, INC. · filed 2010-05-21(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.

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 claim.

Craig v. BAILEY BROS. REALTY, INC. · filed 2010-07-06

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 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.

Phillips v. MARQUIS AT MT. ZION-MORROW, LLC · filed 2010-07-08

... 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 claim.

Johnson v. GREEN GROWTH 1, LLC. · filed 2010-07-09(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 who will not bear the trial burden may satisfy its summary-judgment burden by pointing to record materials showing an absence of evidence supporting the nonmovant’s case.

BASHLOR v. Walker · filed 2010-03-23(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.

A defendant may obtain summary judgment by identifying an absence of record evidence on at least one essential element, after which the nonmovant must point to specific evidence creating a triable issue.

R & R Insulation Services, Inc. v. Royal Indemnity Co. · filed 2010-11-24(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 oh the [party moving for summary judgment] 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 by showing the record contains no evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.

Freeman v. Eichholz · filed 2011-02-17(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 moving for summary judgment may show either that one or more elements are undisputed or that the record lacks sufficient evidence supporting one or more claims.

Hutto v. Cacv of Colorado, LLC · filed 2011-03-16(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 may obtain summary judgment by showing the record lacks evidence sufficient for a jury issue on at least one essential element, making other factual disputes immaterial.

Ikomoni v. Executive Asset Management, LLC · filed 2011-03-16(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. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiffs claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial.

A defendant without the trial burden may discharge its summary-judgment burden by identifying an absence of record evidence supporting the nonmovant’s case.

Kelley v. Hedwin Corp. · filed 2011-03-17

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 without the trial burden may obtain summary judgment by identifying an absence of evidence on an essential element, after which the nonmovant must point to specific evidence creating a triable issue.

Dempsey v. Southeastern Industrial Contracting Co. · filed 2011-03-23

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 without the trial burden may obtain summary judgment by identifying an absence of evidence on an essential element, after which the plaintiff must identify specific evidence creating a triable issue.

Farzaneh v. MERIT CONST. CO., INC. · filed 2011-05-19(c)

A defendant who will not bear the burden of proof at trial does not need affirmatively to disprove the plaintiffs case, but may point to an absence of evidence in the record to support some essential element of the plaintiffs cause of action. ... If the defendant points to an absence of evidence in the record, the plaintiff cannot rest on his pleadings, but must identify specific evidence giving rise to a triable issue of fact. Id. If the ... plaintiff cannot identify specific evidence, summary judgment is properly granted to the defendant. Id.

A defendant may obtain summary judgment by identifying an absence of evidence on an essential element, after which the nonmovant must point to specific evidence creating a triable issue.

Bethel v. Fleming · filed 2011-07-12(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 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 can obtain summary judgment on an element the plaintiff must prove by either disproving that element or identifying an absence of evidence by which the plaintiff could prove it.

Duncan v. Klein · filed 2011-11-29(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 without the trial burden may obtain summary judgment by identifying an absence of evidence supporting any essential element of the nonmovant's case.

Bartlett v. McDonough Bedding Co. · filed 2012-01-24(c)

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 summary-judgment movant need not disprove affirmative defenses on which the opposing party bears the trial burden and may instead identify an absence of supporting record evidence.

Big Sandy Partnership, LLC v. Branch Banking & Trust Co. · filed 2012-02-01

Contrary to the Debtors’ contentions, ... was not required in support of its motion for summary judgment to present evidence to disprove affirmative defenses alleged in the Debtors’ pleadings on which the Debtors had the burden of proof at trial.

A defendant may obtain summary judgment by showing that the record contains no evidence creating a jury issue on an essential element, making other factual disputes immaterial.

Bituminous Insurance Co. v. Coker · filed 2012-02-08(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. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiffs claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial.

A defendant without the trial burden need not disprove the nonmovant’s case and may identify an absence of record evidence supporting any essential element.

Grand Master Contracting, LLC v. Lincoln Apartment Management Ltd. Partnership · filed 2012-02-29(c)

In moving for summary judgment, defendants “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 without the trial burden may obtain summary judgment by identifying a lack of evidence on an essential element, after which the nonmovant must identify specific evidence creating a triable issue.

Moore v. Camara · filed 2012-09-21(c)

Thus, the rule with regard to summary judgment is that 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. Where a defendant moving for summary judgment 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 without the trial burden may obtain summary judgment by identifying an absence of evidence on an essential element, after which the nonmovant must identify specific evidence creating a triable issue.

American National Holding Corporation v. Emm Credit, LLC · filed 2013-07-16

Thus, the rule with regard to summary judgment is that 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. Where a defendant moving for summary judgment 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 satisfy subsection (c) by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element, after which the nonmovant must identify specific evidence creating a triable issue.

Zacharius v. Dodds · filed 2013-10-25(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 plaintiff’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 satisfy subsection (c) by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element, after which the nonmovant must identify specific evidence creating a triable issue.

Dodds v. Dabbs, Hickman, Hill & Cannon, LLP · filed 2013-10-25(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 plaintiff’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 without the trial burden may obtain summary judgment by negating an essential element or identifying an absence of evidence on it, after which the nonmovant must identify specific evidence creating a triable issue.

Law v. Biolab, Inc. · filed 2013-12-27(c)

A defendant who will not bear the burden of proof at trial can demonstrate that there is no genuine issue of material fact 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. ... Where a defendant moving for summary judgment 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 without the trial burden may obtain summary judgment by identifying an absence of evidence on an essential element, after which the nonmovant must identify specific evidence creating a triable issue.

Battlefield Investments, Inc. v. City of LaFayette · filed 2014-03-20(c)

Thus, the rule with regard to summary judgment is that 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. Where a defendant moving for summary judgment 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 satisfy subsection (c) by identifying an absence of record evidence on an essential element, after which the nonmovant must identify specific evidence creating a triable issue.

Goins v. the Family Y · filed 2014-03-25(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 plaintiff’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 satisfy subsection (c) by disproving an element the plaintiff must prove or identifying an absence of evidence on it, after which the plaintiff must identify specific evidence creating a triable issue.

Romar Joint Venture v. Maree · filed 2014-10-09(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. 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 satisfy subsection (c) by disproving an element the plaintiff must prove or identifying an absence of evidence on it, after which the plaintiff must identify specific evidence creating a triable issue.

Romar Joint Venture v. Maree · filed 2014-10-17(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. 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 satisfy subsection (c) by negating an essential element or identifying an absence of evidence, after which the nonmovant must identify specific evidence creating a triable issue.

Brown v. Seaboard Construction Company · filed 2015-03-03(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. ... Once a defendant moving for summary judgment 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 without the trial burden may obtain summary judgment by negating an essential element or identifying an absence of evidence, after which the nonmovant must identify specific evidence creating a triable issue.

POLITZER v. XIAOYAN Et Al. · filed 2017-06-02(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. ... Where a defendant moving for summary judgment 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 by showing the record lacks evidence on an essential claim element, making disputes about other facts immaterial.

Brown v. Dickerson · filed 2019-05-13(c)

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

A trial court must apply subsection (c)'s absence-of-evidence analysis to the movant's specific challenge; failure to do so warrants vacating the ruling and remanding for that analysis.

Agsouth Farm Credit, Aca v. West · filed 2019-10-30(c)

Because it does not appear that the trial court applied the foregoing analysis, we vacate the ruling on the breach of oral contract claim; on remand, the trial court may rule on AgSouth’s specific challenge in a manner not inconsistent with this opinion.

A defendant who will not bear the trial burden may obtain summary judgment by identifying an absence of record evidence supporting an essential element of the nonmovant’s case.

Ward-Poag v. Fulton County · filed 2025-05-29(c)

Where the movant for summary judgment is the “defendant who will not bear the burden of proof at trial,” the movant “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 without the trial burden may obtain summary judgment by identifying a record absence on an essential element, after which the plaintiff must identify specific evidence creating a triable issue.

JASON SLATE v. PHYLLIS TURNER · filed 2025-10-21(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 nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.

A defendant may satisfy subsection (c) by negating an essential claim element or showing that the record lacks evidence supporting it.

BURTON v. ECI MANAGEMENT CORPORATION D/B/A THE COLUMNS OF WHITE OAKS APARTMENTS · filed 2018-06-27(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 satisfy subsection (c) by negating an essential claim element or showing that the record lacks evidence supporting it.

WOODRUM Et Al. v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY. · filed 2018-06-27(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.