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Watson v. General Mechanical Services11/18/2005
App. at 349. "Negligence is predicated on what should be anticipated, rather than on what happened, because one is not bound to anticipate or foresee and provide against what is unlikely, remote, slightly probable, or slightly possible." Amos v. City of Butler, 242 Ga. App. 505, 506 (529 SE2d 420) (2000); Feldman v. Whipkey's Drug Shop, 121 Ga. App. 580, 581 (174 SE2d 474) (1970).
There is no evidence that, prior to Watson's injury , an order picker operator or any other person suffered physical harm because items heavier than paper or plastic had been placed in a trash container at the warehouse. The trash container at issue was open at the top, so its contents were easily observable to anyone who looked to see what it contained before attempting to lift the container. The record shows that, when Watson attempted to lift the container while moving past it in the order picker, he did not look in the container to see that it contained objects heavier than paper and plastic, and he made no effort to ascertain what the container weighed. Moreover, by reaching out with one arm from a moving order picker, Watson operated the order picker in violation of safety procedures and attempted to lift the container in a manner that posed a danger of physical injury to himself and others. There is nothing in the record to indicate that any employee of General Mechanical should have foreseen these actions by Watson.
Although negligence and foreseeability are generally issues of fact, they may be decided as a matter of law where the relevant facts are plain and indisputable. Bolden v. Barnes, 117 Ga. App. 862, 863-864 (162 SE2d 307) (1968). Under the present facts, we conclude as a matter of law that the act of putting metal parts in the trash container marked for paper and plastic was not actionable negligence because it was not foreseeable that doing so would create an unreasonable risk of some type of physical injury . Because plain and indisputable facts show that General Mechanical took no action through its employees which breached its legal duty not to expose Watson to an unreasonable risk of harm, an essential element necessary to the negligence claim was absent, and the trial court correctly granted summary judgment in favor of General Mechanical. Lau's Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991).
Judgment affirmed. Phipps and Mikell, JJ., concur.
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