Thursday, May 5, 2011

Court Reviews a Summary Judgment Ruling in a Slip and Fall Case

DAVID MACKLIN v. DOLLAR GENERAL CORPORATION, d/b/a DOLLAR GENERAL STORE #2311 (Tenn. Ct. App. May 4, 2011)



This is a premises liability case. The plaintiff slipped and fell on a clear liquid at the defendant's store. The defendant moved for summary judgment arguing it did not have a reasonable opportunity to clean the floor, warn the customer of the clear liquid, or take adequate precautionary measures upon receiving notice of the dangerous condition.

The trial court granted the motion and the plaintiff appealed. Having determined the defendant effectively moved for and received only partial summary judgment, we dismiss this appeal for lack of subject matter jurisdiction. 


Opinion may be found at:

http://www.tba2.org/tba_files/TCA/2011/macklind_050411.pdf

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