HOLLY RADER, ET AL. v. RUBY TUESDAY, INC. - Articles

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Posted by: Karen Belcher on Aug 18, 2017

Court: TN Court of Appeals

Attorneys 1:

Ameesh A. Kherani and David H. Dunaway, LaFollette, Tennessee, for the appellant, Holly Rader.

Attorneys 2:

Janet Strevel Hayes and Benjamin W. Jones, Knoxville, Tennessee, for the appellee, Ruby Tuesday, Inc.

Judge(s): SWINEY

Holly Rader (“Plaintiff”) appeals the August 4, 2016 order of the Circuit Court for Knox County (“the Trial Court”) granting summary judgment to Ruby Tuesday, Inc. (“Ruby Tuesday”) in this slip and fall action after finding that Ruby Tuesday did not have superior, actual, or constructive knowledge of the condition that caused Plaintiff’s slip and fall. We find and hold that Ruby Tuesday did have superior, actual, or constructive knowledge of the condition that caused the slip and fall and owed a duty to Plaintiff. We, therefore, vacate the grant of summary judgment and remand this case for further proceedings.

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