WANDA KATZ v. THE SPORTS AUTHORITY OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TN, ET AL. - Articles

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Posted by: Landry Butler on Aug 29, 2017

Head Comment: With dissenting opinion by CLEMENT.

Court: TN Court of Appeals

Attorneys 1:

David L. Cooper, Nashville, Tennessee, for the appellant, Wanda Katz.

Attorneys 2:

J. Michael Clemons, Nashville, Tennessee, for the appellees, Sports Authority of the Metropolitan Government of Nashville & Davidson County, TN, and Powers Management, LLC.

Plaintiff sued the owner and the operator of a public venue after slipping on liquid on the floor and injuring herself. Defendants moved for summary judgment. In granting summary judgment, the trial court concluded, based upon the undisputed facts, that defendants did not have actual or constructive notice of the liquid on the floor. Plaintiff appeals, arguing that wet spills throughout the venue and two other slip and fall incidents on the concourse area constituted a pattern of conduct, a recurring incident, or a general or continuing condition sufficient to put defendants on constructive notice of the liquid causing Plaintiff’s fall. Because Plaintiff failed to provide sufficient evidence of constructive notice, we affirm the grant of summary judgment.