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Tezozomoc Alcantar v. Dolgencorp, LLC
Date: 09-06-2024
Case Number: 21C760
Judge: Lynne T. Ingram
Court: Circuit Court, Davidson County, Tennessee
Plaintiff's Attorney:
Click Here For The Best Nashville Personal Injury Lawyer Directory
Defendant's Attorney: Alston A. Peek
Description:
A shopper slipped and fell on a slippery liquid that was on a convenience store floor, resulting in injuries. The shopper sued the property owner. The property owner sought summary judgment, arguing the shopper had not provided sufficient evidence to establish how long the liquid had been on the floor prior to the slip and fall. The trial court granted summary judgment.
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"[A] premises liability claim is a specific type of negligence claim that seeks to hold property owners liable for injuries negligently caused by defects or dangerous conditions on their property." Wortham v. Kroger Ltd. P'ship I, No. W2019-00496-COA-R3-CV, 2020 WL 4037649, at *7 (Tenn. Ct. App. July 16, 2020); Fulghum v. Notestine, No. M2022-00420-COA-R3-CV, 2023 WL 7151647, at *6 (Tenn. Ct. App. Oct. 31, 2023) (noting that "premises liability is a species of negligence"). Addressing premises liability claims, the Tennessee Supreme Court indicated that persons seeking to prevail against a property owner on a premises liability claim must prove the elements of a negligence claim, and in addition, must prove either that "the condition was caused or created by the owner, operator, or his agent," or "if the condition was created by someone other than the owner, operator, or his agent, that the owner or operator had actual or constructive notice that the condition existed prior to the accident." Parker v. Holiday Hospitality Franchising, Inc., 446 S.W.3d 341, 350 (Tenn. 2014) (quoting Blair v. W. Town Mall, 130 S.W.3d 761, 764 (Tenn. 2004)). The elements of a negligence claim require the plaintiff to establish "(1) a duty of care owed by the defendant to the plaintiff; (2) conduct by the defendant falling below the standard of care amounting to a breach of that duty; (3) an injury or loss; (4) causation in fact; and (5) proximate or legal cause." Satterfield v. Breeding Insulation Co.,...
266 S.W.3d 347, 355 (Tenn. 2008).
Nashville, Tennessee premises liability slip and fall personal injury lawyer represented the Plaintiff.
A shopper slipped and fell on a slippery liquid that was on a convenience store floor, resulting in injuries. The shopper sued the property owner. The property owner sought summary judgment, arguing the shopper had not provided sufficient evidence to establish how long the liquid had been on the floor prior to the slip and fall. The trial court granted summary judgment.
* * *
"[A] premises liability claim is a specific type of negligence claim that seeks to hold property owners liable for injuries negligently caused by defects or dangerous conditions on their property." Wortham v. Kroger Ltd. P'ship I, No. W2019-00496-COA-R3-CV, 2020 WL 4037649, at *7 (Tenn. Ct. App. July 16, 2020); Fulghum v. Notestine, No. M2022-00420-COA-R3-CV, 2023 WL 7151647, at *6 (Tenn. Ct. App. Oct. 31, 2023) (noting that "premises liability is a species of negligence"). Addressing premises liability claims, the Tennessee Supreme Court indicated that persons seeking to prevail against a property owner on a premises liability claim must prove the elements of a negligence claim, and in addition, must prove either that "the condition was caused or created by the owner, operator, or his agent," or "if the condition was created by someone other than the owner, operator, or his agent, that the owner or operator had actual or constructive notice that the condition existed prior to the accident." Parker v. Holiday Hospitality Franchising, Inc., 446 S.W.3d 341, 350 (Tenn. 2014) (quoting Blair v. W. Town Mall, 130 S.W.3d 761, 764 (Tenn. 2004)). The elements of a negligence claim require the plaintiff to establish "(1) a duty of care owed by the defendant to the plaintiff; (2) conduct by the defendant falling below the standard of care amounting to a breach of that duty; (3) an injury or loss; (4) causation in fact; and (5) proximate or legal cause." Satterfield v. Breeding Insulation Co.,...
266 S.W.3d 347, 355 (Tenn. 2008).
Outcome:
Reversed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Tezozomoc Alcantar v. Dolgencorp, LLC?
The outcome was: Reversed
Which court heard Tezozomoc Alcantar v. Dolgencorp, LLC?
This case was heard in Circuit Court, Davidson County, Tennessee, TN. The presiding judge was Lynne T. Ingram.
Who were the attorneys in Tezozomoc Alcantar v. Dolgencorp, LLC?
Plaintiff's attorney: Click Here For The Best Nashville Personal Injury Lawyer Directory. Defendant's attorney: Alston A. Peek.
When was Tezozomoc Alcantar v. Dolgencorp, LLC decided?
This case was decided on September 6, 2024.