The Shelby County Circuit recently granted the Motion for Summary Judgment filed by Christopher M. Myatt of Spicer Rudstrom’s Memphis office on behalf of a national retailer in a premises liability case. The Plaintiff claimed personal injuries after tripping over a pallet located in the aisle of the store. On behalf of the store, Mr. Myatt argued that the pallet, in and of itself, did not constitute an unreasonably dangerous condition. Further, the Plaintiff’s mere fall and resulting injury did not transform the humble pallet into something dangerous. As Tennessee courts have stated repeatedly, “People do trip and fall over conditions that are not unsafe.”
The trial court agreed, holding that since the pallet was not unreasonably dangerous as a matter of law, the premises owner did not owe Plaintiff a duty of reasonable care. In other words, if there is no dangerous condition, a business owner or operator has nothing to remove, remedy, or warn. Accordingly, the trial court dismissed the Plaintiff’s case.
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Spicer Rudstrom PLLC was founded in 1963 and currently has more than 40 attorneys with offices in Memphis, Nashville, Chattanooga, Knoxville, Little Rock and Texarkana. We offer representation across industries, including construction, real estate, employment, medical malpractice, retail and hospitality, trucking and transportation, and business. Our clients range from local and national businesses to international companies seeking business, legal and litigation services. The firm’s commitment to its clients and its entrepreneurial spirit drives Spicer Rudstrom to be the premier litigation firm in the South. For more information, visit www.spicerfirm.com.