MAE COLEMAN v. SOUTH TENNESSEE OIL, INC., d/b/a QUICK MART - Articles

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Posted by: Tanja Trezise on Jul 6, 2012

Court: TN Court of Appeals

Attorneys 1:

Rocky McElhaney, Nashville, Tennessee, for the appellant, Mae Coleman.

Attorneys 2:

Warren Smith and Judith Lojek, Nashville, Tennessee, for the appellee, South Tennessee Oil, Inc., d/b/a Quick Mart.

Judge(s): STAFFORD

This premises liability action concerns the moving party’s burden on a motion for summary judgment. Plaintiff/Appellant tripped and fell in the parking lot of Defendant/Appellee convenience store. During Appellant’s deposition, she was unable to state specifically what caused her to fall other than pointing to photographs of the cracked and uneven pavement. Appellee moved for summary judgment, which the trial court granted. We conclude that Appellee’s motion for summary judgment, which pointed to the Appellant’s lack of specific evidence showing causation, was insufficient to shift the burden of production to the Appellant. Reversed and remanded.

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