Grinold v. Farist, 643 S.E.2d 253 (Ga. Ct. App. 2007). · Go Syfert
Grinold v. Farist, 643 S.E.2d 253 (Ga. Ct. App. 2007). Cases Citing This Book View Copy Cite
62 citation events (62 in the last 25 years) across 5 distinct courts.
Strongest positive: JASON SLATE v. PHYLLIS TURNER (gactapp, 2025-10-21)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (rule) JASON SLATE v. PHYLLIS TURNER (2×)
Ga. Ct. App. · 2025 · confidence medium
To establish proximate cause, a plaintiff must show a legally attributable causal connection between the defendant’s conduct and the alleged injury.”Grinold v. Farist, 284 Ga. App. 120, 121 (1) ( 643 SE2d 253 ) (2007). “[G]uesses or speculation which raise merely a conjecture or possibility are not sufficient to create even an inference of fact for consideration on summary judgment.” (Citation and punctuation omitted.) Hunsucker, 304 Ga. App. at 202 (1). 11 The plaintiff must introduce evidence which affords a reasonable basis for the conclusion that it is more likely than not that the…
discussed Cited as authority (rule) Ovation Condominium Association, Inc. v. Alys W. Cox
Ga. Ct. App. · 2023 · confidence medium
Thus, we have required expert medical testimony, based at least on reasonable probability, to establish a causal link between exposure to a substance and a medical condition.7 “[P]roof of causation in [toxic tort] cases generally requires reliable expert testimony.”8 6 (Citation and punctuation omitted.) Barrett Properties, LLC v. Roberts Capitol, Inc., 316 Ga. App. 507, 509 (1) ( 729 SE2d 621 ) (2012), quoting Grinold v. Farist, 284 Ga. App. 120, 121-122 (1) ( 643 SE2d 253 ) (2007). 7 (Citation, punctuation, and emphasis omitted.) Seymour Elec. & Air Conditioning Svc. v. Statom, 309 Ga. A…
discussed Cited as authority (rule) Adams v. Heinrichs
N.D. Ga. · 2022 · confidence medium
To establish proximate cause, “‘a plaintiff must show a legally attributable causal connection between the defendant’s conduct and the alleged injury’” and must “‘introduce evidence which affords a reasonable basis for the conclusion that it is more likely than not that the conduct of the defendant was a cause in fact of the result.’” Whiteside v. Decker, Hallman, Barber & Briggs, P.C., 712 S.E.2d 87, 90 (Ga. Ct. App. 2011) (quoting Grinold v. Farist, 643 S.E.2d 253, 254 (Ga. Ct. App. 2007)).
discussed Cited as authority (rule) Mora v. White Aluminum Fabrication, Inc.
N.D. Ga. · 2022 · confidence medium
To establish proximate cause, “‘a plaintiff must show a legally attributable causal connection between the defendant’s conduct and the alleged injury’” and must “‘introduce evidence which affords a reasonable basis for the conclusion that it is more likely than not that the conduct of the defendant was a cause in fact of the result.’” Whiteside v. Decker, Hallman, Barber & Briggs, P.C., 712 S.E.2d 87, 90 (Ga. Ct. App. 2011) (quoting Grinold v. Farist, 643 S.E.2d 253, 254 (Ga. Ct. App. 2007)).
discussed Cited as authority (rule) Smith v. Williams (2×)
S.D. Ala. · 2018 · confidence medium
Grinold v. Farist, 284 Ga.App. 120, 121-22 (Ga. App. 2007) (citation omitted).
discussed Cited as authority (rule) ELDER v. HAYES Et Al.
Ga. Ct. App. · 2016 · confidence medium
Proof of proximate cause requires a showing of “a legally attributable causal connection between the defendant’s conduct and the alleged injury” (Citation and punctuation omitted.) Grinold v. Farist, 284 Ga. App. 120, 121 (1) ( 643 SE2d 253 ) (2007).
discussed Cited as authority (rule) John Rymer v. Polo Golf and Country Club Homeowners Association, Inc.
Ga. Ct. App. · 2015 · confidence medium
The tortfeasor must be either the cause or a concurrent cause of the creation, continuance, or maintenance of the nuisance.” (Citation and punctuation omitted.) Grinold v. Farist, 284 Ga. App. 120, 122 (2) ( 643 SE2d 253 ) (2007).
discussed Cited as authority (rule) Melanie Granger v. Mst Transportation, LLC
Ga. Ct. App. · 2014 · confidence medium
“Before any negligence, even if proven, can be actionable, that negligence must be the proximate cause of the injuries sued upon.” (Citation and punctuation omitted.) Grinold v. Farist, 284 Ga. App. 120, 121 (1) ( 643 SE2d 253 ) (2007). 2 “In the tort context, proximate causation includes all of the natural and probable consequences of the tortfeasor’s negligence, unless there is a sufficient and independent intervening cause.” Cowart v. Widener, 287 Ga. 622, 627-628 (2) (b) ( 697 SE2d 779 ) (2010).
cited Cited as authority (rule) Moore v. Singh
Ga. Ct. App. · 2014 · confidence medium
(Punctuation omitted.) Ladner, 314 Ga. App. at 140 , quoting Grinold v. Farist, 284 Ga. App. 120, 121-122 (1) ( 643 SE2d 253 ) (2007).
discussed Cited as authority (rule) Herbert Moore v. Sonu G. Singh
Ga. Ct. App. · 2014 · confidence medium
A mere possibility of such causation is not enough . . . .”10 Based on the combined expert testimony, we conclude that Moore presented evidence creating a jury issue as to whether Dr. Singh would have discovered the fracture if she had properly complied with the standard of care during the examination (2005). 7 See Knight, 316 Ga. App. at 604 (1) (a); Ladner v. Northside Hosp., Inc., 314 Ga. App. 136, 136-137 ( 723 SE2d 450 ) (2012); Walker, 276 Ga. App. at 638 (1). 8 Knight, 316 Ga. App. at 607 (1) (a). 9 Id. at 604 (1) (a). 10 (Punctuation omitted.) Ladner, 314 Ga. App. at 140 , quoting Gr…
discussed Cited as authority (rule) 325 Goodrich Avenue, LLC v. Southwest Water Co.
M.D. Ga. · 2012 · confidence medium
To establish causation under Georgia law, “[t]he plaintiff must introduce evidence which affords a reasonable basis for the conclusion that it is more likely than not that the conduct of the defendant was a cause in fact of the result.” Grinold v. Farist, 284 Ga.App. 120, 121 , 643 S.E.2d 253, 254 (2007).
cited Cited as authority (rule) Barrett Properties, LLC v. Roberts Capitol, Inc.
Ga. Ct. App. · 2012 · confidence medium
(Citation and punctuation omitted.) Grinold v. Farist, 284 Ga. App. 120, 121-122 (1) ( 643 SE2d 253 ) (2007).
cited Cited as authority (rule) Barrett Properties, LLC v. Nichols Transport
Ga. Ct. App. · 2012 · confidence medium
Grinold v. Farist, 284 Ga. App. 120, 121-122 (1) ( 643 SE2d 253 ) (2007) (citation and punctuation omitted).
cited Cited as authority (rule) Wolfe v. Carter
Ga. Ct. App. · 2012 · confidence medium
(Citations and punctuation omitted.) Grinold v. Farist, 284 Ga. App. 120, 121-122 (1) ( 643 SE2d 253 ) (2007).
cited Cited as authority (rule) Ladner v. Northside Hospital, Inc.
Ga. Ct. App. · 2012 · confidence medium
(Citations and punctuation omitted.) Grinold v. Farist, 284 Ga. App. 120, 121-122 (1) ( 643 SE2d 253 ) (2007).
cited Cited as authority (rule) Whiteside v. Decker, Hallman, Barber & Briggs, P.C.
Ga. Ct. App. · 2011 · confidence medium
Grinold v. Farist, 284 Ga. App. 120, 121-122 ( 643 SE2d 253 ) (2007) (citations and punctuation omitted).
examined Cited as authority (rule) Lore v. Suwanee Creek Homeowners Ass'n (6×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2010 · confidence medium
(Citation and punctuation omitted.) Grinold v. Farist, 284 Ga. App. 120, 121-122 (1) ( 643 SE2d 253 ) (2007).
examined Cited as authority (rule) Walls v. Moreland Altobelli Associates, Inc. (3×) also: Cited "see"
Ga. Ct. App. · 2008 · confidence medium
See Langston, supra, 268 Ga. at 734-735 (3); Grinold, supra, 284 Ga. App. at 122-123 (2). 2.
discussed Cited as authority (rule) City of Toccoa v. Pittman (2×)
Ga. Ct. App. · 2007 · confidence medium
Grinold v. Farist, 284 Ga. App. 120, 121 (1) ( 643 SE2d 253 ) (2007). 4 See generally Clive, supra. 5 See Washington v. Jefferson County, 221 Ga. App. 81, 82 ( 470 SE2d 714 ) (1996). 6 See Clive, supra. 7 Id. 8 Hibbs v. City of Riverdale, 267 Ga. 337, 338 ( 478 SE2d 121 ) (1996); see Goode v. City of Atlanta, 274 Ga. App. 233, 235 (2) ( 617 SE2d 210 ) (2005). 9 Banks v. Mayor &c. of Savannah, 210 Ga. App. 62 (1) ( 435 SE2d 68 ) (1993). 10 Hibbs, supra. 11 See id.; City of Columbus v. Barngrover, 250 Ga. App. 589, 592 (1) (a) ( 552 SE2d 536 ) (2001); see Fielder v. Rice Constr.
discussed Cited "see" TERESSA BLONDELL v. COURTNEY STATION 300 LLC (2×)
Ga. Ct. App. · 2021 · signal: see · confidence high
See Grinold v. Farist, 284 Ga. App. 120, 121 (1) ( 643 SE2d 253 ) (2007).
discussed Cited "see" TERESSA BLONDELL v. COURTNEY STATION 300 LLC (2×)
Ga. Ct. App. · 2021 · signal: see · confidence high
See Grinold v. Farist, 284 Ga. App. 120, 121 (1) ( 643 SE2d 253 ) (2007).
discussed Cited "see" Duke Galish, LLC v. Manton (2×)
Ga. Ct. App. · 2008 · signal: see · confidence high
See Grinold v. Farist, 284 Ga. App. 120, 121-122 (1) ( 643 SE2d 253 ) (2007).
discussed Cited "see, e.g." Roland L. Walker v. CSX Transportation, Inc.
11th Cir. · 2011 · signal: see also · confidence medium
See Marshall v. City of Cape Coral, 797 F.2d 1555, 1559 (11th Cir. 1986); see also, e.g., Grinold v. Farist, 643 S.E.2d 253, 254 (Ga. Ct. App. 2007) (“A mere possibility of such causation is not enough; and when the matter remains one of pure speculation or conjecture, or the probabilities are at best evenly balanced, it becomes the duty of 19 1986) (stating that, although “[a]ll reasonable inferences arising from the evidence must be resolved in favor of the non-movant, . . . inferences based upon speculation are not reasonable” (citing Blackston v. Shook & Fletcher Insulation Co., 764 …
discussed Cited "see, e.g." Walker v. CSX Transportation, Inc. (2×)
11th Cir. · 2011 · signal: see also · confidence low
See Marshall v. City of Cape Coral, 797 F.2d 1555, 1559 (11th Cir.1986); see also, e.g., Grinold v. Farist, 284 Ga.App. 120 , 643 S.E.2d 253, 254 (2007) ("A mere possibility of such causation is not enough; and when the matter remains one of pure speculation or conjecture, or the probabilities are at best evenly balanced, it becomes the duty of the court to grant summary judgment for the defendant.”)
Retrieving the full opinion text from the archive…
Grinold
v.
Farist
A06A2134.
Court of Appeals of Georgia.
Feb 21, 2007.
643 S.E.2d 253
Charles L. Day, for appellant., Hawkins & Parnell, Peter R. York, for appellee.
Miller, Johnson, Ellington.
Cited by 26 opinions  |  Published
Miller, Judge.

Ronald Ray Grinold was injured when he fell on property adjacent to property owned by Joe Neil Farist. Grinold had come to the[*121] property to inspect a camper that Farist had advertised for sale and that he had parked on the driveway of his aunt, who owned the adjacent property. Grinold sued Farist, as well as Farist’s aunt and a cousin who Grinold claimed also resided on the aunt’s property, asserting that they had acted negligently and maintained a hazardous condition that constituted a nuisance. Farist moved for summary judgment, which was granted by the trial court. Grinold appeals, claiming that the trial court erred in granting Farist’s motion for summary judgment. We disagree and affirm.

On appeal from a grant or denial of summary judgment, we conduct a de novo review of the law and evidence. Rubin v. Cello Corp., 235 Ga. App. 250 (510 SE2d 541) (1998). In applying this standard of review on a motion for summary judgment, this Court views the evidence in the light most favorable to the nonmovant to determine whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law. Id. 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 plaintiffs case.” Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991).

So viewed, the evidence showed that on August 21, 2003, Grinold was driving in Cobb County when he saw a sign advertising a camper for sale. Farist had parked the camper on a driveway on property owned by his aunt, who lived next door to him. Grinold parked his car on the driveway and walked to the camper. While he was inspecting the inside of the camper, Grinold was greeted by Farist and his son. After deciding not to purchase the camper, Grinold exited the camper and began walking back to his car. While walking in the grass along the side of the driveway, Grinold slipped and fell.

1. Grinold claims that the trial court erred in granting Farist’s motion for summary judgment as to his claim of negligence. We disagree.

“[Bjefore any negligence, even if proven, can be actionable, that negligence must be the proximate cause of the injuries sued upon. To establish proximate cause, a plaintiff must show a legally attributable causal connection between the defendant’s conduct and the alleged injury.” Anderson v. Barrow County, 256 Ga. App. 160, 163 (2) (568 SE2d 68) (2002).

The plaintiff must introduce evidence which affords a reasonable basis for the conclusion that it is more likely than not that the conduct of the defendant was a cause in fact of the result. Amere possibility of such causation is not enough; and when the matter remains one of pure speculation or[*122] conjecture, or the probabilities are at best evenly balanced, it becomes the duty of the court to grant summary judgment for the defendant.

(Citation omitted.) Feazell v. Gregg, 270 Ga. App. 651, 655 (2) (607 SE2d 253) (2004).

Here, Grinold admitted in his deposition that he did not know what caused his fall, only that it was “something wet.” Grinold also admitted that he did not see any substance on the ground, either before or after his fall, and that he never inspected the substance that caused him to fall. In an affidavit filed following his deposition, Grinold claimed that he initially thought he had fallen on fecal matter but later determined that the wet substance was “household discharge from a clothes washer and a kitchen sink” that drained from the aunt’s home down a ditch adjacent to her driveway.

While Farist admitted the presence of a drainage ditch next to the driveway, and while Grinold claimed that Farist had told him “[e] very time [his aunt] flushes, this happens,” there was no evidence that Grinold fell as a result of stepping in the drainage ditch. In fact, Grinold denied stepping into the ditch and claimed that the area where he fell was “reasonably flat.” Grinold also failed to introduce any evidence that the drainage ditch ever overflowed onto the flat area where he slipped and fell.

Grinold’s claim, as made in his affidavit, that he slipped on household discharge was stricken by the trial court as being inconsistent with his deposition testimony. See Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 (343 SE2d 680) (1986). Even had the trial court permitted Grinold to make such a claim, however, Grinold’s speculation as to what caused his fall is not sufficient to sustain his claim of negligence, and the trial court properly granted summary judgment as to that claim. Christopher v. Donna’s Country Store, 236 Ga. App. 219, 221 (1) (511 SE2d 579) (1999).

2. Grinold also claims that the trial court erred in granting Farist’s motion for summary judgment as to his claim of nuisance. We disagree.

“[T]he essential element of nuisance is control over the cause of the harm. The tortfeasor must be either the cause or a concurrent cause of the creation, continuance, or maintenance of the nuisance.” (Citations omitted.) Fielder v. Rice Constr. Co., 239 Ga. App. 362, 366 (1) (522 SE2d 13) (1999). Here, the evidence showed that the alleged nuisance was contained on property owned by Grinold’s aunt and occupied by his aunt and cousin and that it was composed of household discharge from the aunt’s clothes washer and kitchen sink. While such evidence supports the nuisance claim that Grinold brought against Farist’s aunt and cousin, the record is devoid of any evidence[*123] that Farist created, continued, or maintained the alleged nuisance or otherwise controlled the release of household discharge on his aunt’s property. As a result, the trial court properly granted summary judgment to Farist as to Grinold’s nuisance claim.

Decided February 21, 2007 Reconsideration denied March 12, 2007. Charles L. Day, for appellant. Hawkins & Parnell, Peter R. York, for appellee.

Judgment affirmed.

Johnson, P. J., and Ellington, J., concur.