Friday, July 10, 2015
Notice of a Condition
In Beverly v. Hardee’s Food Systems, LLC, No. E2014-02155-COA-R3-CV (Tenn. Ct. App. June 15, 2015), the Tennessee Court of Appeals overturned summary judgment in a premises liability case. This was based the ability of the plaintiff to potentially prove constructive knowledge of the dangerous condition. The interesting fact is that the plaintiff slipped on vomit that had been on the floor just over three minutes. However, based on the location and proximity to employees, it became a jury issue of whether this acted as constructive notice. The law in Mississippi is substantially similar.