Ashley M. Baxter and Sean W. Martin in the Chattanooga, Tennessee office of Carr Allison, obtained summary judgment in a premises liability case.
It was the day after Christmas. After navigating the throngs of like-minded post-holiday deal hunters, the plaintiff made her way through the shopping mall to the defendant’s home décor and gift store. She entered the store and made a general perusal without incident. Upon finding several items she could not live without, she returned to the front of the store for a shopping basket to collect her wares. After picking up the shopping basket, she took a step back and fell. In her Complaint, she claimed the dangerous condition that caused her fall was the floor mat laying in front of the entryway door. The problem for the plaintiff was that the mat, upon immediate inspection after the fall, was neither wrinkled, bunched-up, worn-through or torn and, as such, was not a dangerous condition. Summary judgment was granted with no appeal taken.