Erin E. Gomez and Sean W. Martin of Carr Allison’s Chattanooga (TN) office obtained summary judgment in the United States District Court for the Eastern District of Tennessee in a premises liability case on behalf of one of its restaurant clients.
It was a typical Saturday evening in the restaurant where the Plaintiff and her husband were dining out with friends. After enjoying the meal, as the two couples walked through the main walkway toward the exit, the Plaintiff slipped and fell. While on the ground, she looked on the bottom of her shoe and noticed a very small piece of what appeared to be a fried onion petal. She also noticed a smear on the floor near her foot. She was helped to her feet and left the restaurant without the need of emergency medical personnel.
Months later, the Plaintiff initiated a lawsuit. Soon after the complaint was filed, a motion for summary judgment was sought because Plaintiff could not prove how the onion petal got on the floor or how long it had been there. In other words, the Defendant asserted that it had no actual or constructive notice of the alleged dangerous condition.
Summary judgment was granted in the United States District Court for the Eastern District of Tennessee. The Sixth Circuit Court of Appeals affirmed the decision.
