By The Law Offices of John Day, P.C. on Apr 26, 2024 06:00 am
Where the trial court granted summary judgment to defendant store in a premises liability case based on the finding that there was no dangerous condition, but the plaintiff’s appellate brief only addressed the issue of notice, summary judgment for defendant was affirmed. In Williams v. Dollar General Corporations, LLC, No. E2023-00702-COA-R3-CV (Tenn. Ct. App. Mar. 6, 2024) (memorandum opinion), plaintiff entered a Dollar General store operated by defendant while it was lightly raining. Plaintiff was wearing slides, and the store had a mat at the front and a wet floor sign. Plaintiff’s shoe got caught on the mat and plaintiff fell, injuring herself. Plaintiff filed this premises liability claim against defendant, and defendant moved for summary judgment on several grounds. In support of its motion for summary judgment, defendant submitted a seven-minute video containing excerpts of security camera footage, as well as a longer, unedited version of the footage. At the motion hearing, the trial court stated that it was unable to view the longer version of the video due to technical issues, and it offered plaintiff the opportunity to play the longer version, which plaintiff declined.
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