Jones v. Zayre, Inc.
| Court | Court of Appeals of Tennessee |
| Writing for the Court | SANDERS |
| Citation | 600 S.W.2d 730 |
| Decision Date | 17 January 1980 |
| Parties | Minnie S. JONES, Plaintiff-Appellant, v. ZAYRE, INC., Defendant-Appellee. |
Page 730
v.
ZAYRE, INC., Defendant-Appellee.
Certiorari Denied by Supreme Court April 21, 1980.
Charles P. Dupree, Chattanooga, for plaintiff-appellant.
Donald E. Warner and Joe E. Manuel, with Leitner, Warner, Owens, Moffitt, Williams & Dooley, Chattanooga, for defendant-appellee.
SANDERS, Judge.
Plaintiff has appealed from a directed verdict in her suit for personal injuries received when she fell in Defendant's store.
The Plaintiff-Appellant, Minnie S. Jones, sued the Defendant-Appellee, Zayre, Inc. for personal injuries resulting from a fall when the Plaintiff was a customer in Defendant's store. The Defendant is the owner and operator of a large department store in Chattanooga. The Plaintiff had gone to the Defendant's store to purchase some merchandise. After she had selected the items she desired to purchase she was walking up an aisle on her way to the check-out counter when her feet suddenly slipped from under her and she fell to the floor. While sitting on the floor, following her fall, she discovered she had stepped on a small plastic clothes clip, which had caused her to fall. As a result of the fall Plaintiff sustained certain personal injuries for which she sued the Defendant. The complaint alleges the Defendant was negligent in not properly maintaining its premises, and Defendant knew or should have known of the dangerous condition of the premises, resulting in her injuries.
The Defendant, in its answer, denied the allegations of the complaint.
A jury was empaneled to try the case but at the conclusion of the Plaintiff's proof the Defendant moved for a directed verdict. The motion was granted and the Plaintiff has appealed, insisting this was error.
It is an often-quoted rule that before directing a verdict it is the duty of the trial court to examine the entire record to determine if there is any evidence to support a verdict and in so doing to consider only the facts proved in support of the party against whom such motion is made. The court shall draw all reasonable inferences from the supporting proof and disregard all countervailing evidence and, after doing this, if there is any competent evidence about which the minds of reasonable men could disagree, it is the duty of the trial court to overrule such motion.
On appeal to this court we are governed by the same rule in passing upon the...
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Morris v. Wal-Mart Stores, Inc., No. 01-5893.
...742 S.W.2d 271, 273 (Tenn.Ct. App.1987); Benson v. H.G. Hill Stores, Inc., 699 S.W.2d 560, 563 (Tenn.Ct.App. 1985); Jones v. Zayre, Inc., 600 S.W.2d 730, 732 (Tenn.Ct.App.1980); Paradiso v. Kroger Co., 499 S.W.2d 78, 79 (Tenn.Ct. In the matter at hand, Plaintiff's counsel argued in response......
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Underwood v. HCA Health Services of Tennessee, Inc.
...v. Shoney's Inc., 742 S.W.2d 271, 273 (Tenn.Ct.App.1987); Benson v. H.G. Hill Stores, Inc., 699 S.W.2d at 563; Jones v. Zayre, Inc., 600 S.W.2d 730, 732 Ms. Underwood's proof, such as it is, does not warrant a reasonable inference that the hospital's negligent maintenance of the ice dispens......
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Mairose v. Federal Exp. Corp.
...See Williams v. Brown, 860 S.W.2d 854, 857 (Tenn.1993) (quoting Cecil v. Hardin, 575 S.W.2d 268, 271 (Tenn.1978)); Jones v. Zayre, Inc., 600 S.W.2d 730, 731 (Tenn.Ct.App.1980). "The court may grant the motion only if, after assessing the evidence according to the foregoing standards, it det......
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Hardesty v. Service Merchandise Co., Inc.
...like Service Merchandise is instantly aware of all that transpires within its establishment. Self, 885 F.2d at 339; Jones v. Zayre, Inc., 600 S.W.2d 730, 732 (Tenn.App.1980); Patterson Page 682 v. Kroger Co., 54 Tenn.App. 243, 389 S.W.2d 283 (1964). In order to prevail against the owner or ......
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Morris v. Wal-Mart Stores, Inc., No. 01-5893.
...742 S.W.2d 271, 273 (Tenn.Ct. App.1987); Benson v. H.G. Hill Stores, Inc., 699 S.W.2d 560, 563 (Tenn.Ct.App. 1985); Jones v. Zayre, Inc., 600 S.W.2d 730, 732 (Tenn.Ct.App.1980); Paradiso v. Kroger Co., 499 S.W.2d 78, 79 (Tenn.Ct. In the matter at hand, Plaintiff's counsel argued in response......
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Underwood v. HCA Health Services of Tennessee, Inc.
...v. Shoney's Inc., 742 S.W.2d 271, 273 (Tenn.Ct.App.1987); Benson v. H.G. Hill Stores, Inc., 699 S.W.2d at 563; Jones v. Zayre, Inc., 600 S.W.2d 730, 732 Ms. Underwood's proof, such as it is, does not warrant a reasonable inference that the hospital's negligent maintenance of the ice dispens......
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Mairose v. Federal Exp. Corp.
...See Williams v. Brown, 860 S.W.2d 854, 857 (Tenn.1993) (quoting Cecil v. Hardin, 575 S.W.2d 268, 271 (Tenn.1978)); Jones v. Zayre, Inc., 600 S.W.2d 730, 731 (Tenn.Ct.App.1980). "The court may grant the motion only if, after assessing the evidence according to the foregoing standards, it det......
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Hardesty v. Service Merchandise Co., Inc.
...like Service Merchandise is instantly aware of all that transpires within its establishment. Self, 885 F.2d at 339; Jones v. Zayre, Inc., 600 S.W.2d 730, 732 (Tenn.App.1980); Patterson Page 682 v. Kroger Co., 54 Tenn.App. 243, 389 S.W.2d 283 (1964). In order to prevail against the owner or ......