Ogle v. Winn-Dixie Greenville, Inc., WINN-DIXIE
| Court | Court of Appeals of Tennessee |
| Writing for the Court | McMURRAY; GODDARD, P.J., and SUSANO |
| Citation | 919 S.W.2d 45 |
| Parties | Mary A. OGLE, and husband, Ronald Ogle, Plaintiffs-Appellants, v.GREENVILLE, INC., and Winn-Dixie, Defendants-Appellees. |
| Docket Number | WINN-DIXIE |
| Decision Date | 11 December 1995 |
Page 45
v.
WINN-DIXIE GREENVILLE, INC., and Winn-Dixie, Defendants-Appellees.
Eastern Section.
Permission to Appeal Denied by
Supreme Court March 25, 1996.
Appeal from Circuit Court, Knox County; Wheeler Rosenbalm, Judge.
Gary L. Adkins, Bill Hotz & Ass., P.C., Knoxville, for Appellants.
John W. Baker, Jr., Baker, McReynolds, Byrne, Brackett, O'Kane & Shea, Knoxville, for Appellees.
McMURRAY, Judge.
This is a premises liability action. The plaintiff, Mary A. Ogle, alleges that she was injured when she slipped and fell on a wet and slippery floor in the restroom in a store operated by the defendant, Winn-Dixie Greenville, Inc. 1 The case was dismissed on motion for summary judgment. This appeal resulted. We affirm the action of the trial court.
The sole issue before this court is whether the evidence presented in favor of and in opposition to the motion for summary judgment was sufficient to create a genuine issue of a material fact on the question of constructive notice.
Liability in premises liability cases stems from superior knowledge of the condition of the premises. McCormick v. Waters, 594 S.W.2d 385, 387 (Tenn.1980). Accordingly, the plaintiff must prove that the defendant had either actual or constructive notice of the injury-causing condition. This proof may take one of two forms. First, the plaintiff may show that the defendant itself caused or created the condition and, therefore, had notice of it. Sanders v. State, 783 S.W.2d 948, 951 (Tenn.Ct.App.1989); Benson v. H.G. Hill Stores, Inc., 699 S.W.2d 560, 563 (Tenn.Ct.App.1985). Second, the plaintiff may show that the dangerous condition existed for so long that the defendant should have known about it. Chambliss v. Shoney's, Inc., 742 S.W.2d 271, 273 (Tenn.Ct.App.1987); Jones v. Zayre, Inc., 600 S.W.2d 730, 732 (Tenn.Ct.App.1980).
It is the second proposition of law that the appellants advance, i.e., that the condition had existed long enough so that the defendant should have known of it. The only evidence presented both for and against the motion for summary judgment was the deposition of the plaintiff, Mary Ogle. Ms. Ogle testified by deposition that she slipped on some substance on the floor in the ladies'
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restroom and that her clothes were damp after the fall. She further testified that she did not know how the substance got there nor how long it had been there.There were no witnesses to the accident and no direct evidence that any employee of the appellee had any knowledge of a substance being on the floor. The appellants' entire case rests upon the following question and answer given by the appellant, Mrs. Ogle:
Q...
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...condition came about, it would be improper to permit the jury to speculate on these vital elements. Ogle v. Winn-Dixie Greenville, Inc., 919 S.W.2d 45, 47 (Tenn.App.1995); Paradiso v. Kroger Co., 499 S.W.2d 78 (Tenn.App.1973); Chambliss v. Shoney's, Inc., 742 S.W.2d 271 (Tenn.App.1987). A p......
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...Holiday Hosp. Franchising, Inc., 446 S.W.3d 341, 350 (Tenn. 2014) (citing Blair, 130 S.W.3d at 764); Ogle v. Winn-Dixie Greenville, Inc., 919 S.W.2d 45, 47 (Tenn. App. 1995)); Jones v. Zayre, Inc., 600 S.W.2d 730, 732 (Tenn. App. 1980). "Constructive notice" is defined as "in......
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...(Tenn. Ct. App. 2006); Martin v. Washmaster Auto Ctr., U.S.A., 946 S.W.2d 314 (Tenn. Ct. App. 1996); Ogle v. Winn-Dixie Greenville, Inc., 919 S.W.2d 45 (Tenn. Ct. App. 1995). That is not the relevant inquiry in this case, as DMC does not argue for purposes of summary judgment that it did no......
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Hca, Inc. v. American Protection Ins. Co.
...(1905)); see also Sadek v. Nashville Recycling Co., 751 S.W.2d 428, 431 (Tenn.Ct.App.1988); Ogle Page 195 v. Winn-Dixie Greenville, Inc., 919 S.W.2d 45, 47 In applying the "substantial evidence" rule at the summary judgment stage the court is without authority to weigh the evidence. Byrd v.......
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Hardesty v. Service Merchandise Co., Inc.
...condition came about, it would be improper to permit the jury to speculate on these vital elements. Ogle v. Winn-Dixie Greenville, Inc., 919 S.W.2d 45, 47 (Tenn.App.1995); Paradiso v. Kroger Co., 499 S.W.2d 78 (Tenn.App.1973); Chambliss v. Shoney's, Inc., 742 S.W.2d 271 (Tenn.App.1987). A p......
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Miranda v. CSC Sugar, LLC, No. W2017-01986-COA-R3-CV
...Holiday Hosp. Franchising, Inc., 446 S.W.3d 341, 350 (Tenn. 2014) (citing Blair, 130 S.W.3d at 764); Ogle v. Winn-Dixie Greenville, Inc., 919 S.W.2d 45, 47 (Tenn. App. 1995)); Jones v. Zayre, Inc., 600 S.W.2d 730, 732 (Tenn. App. 1980). "Constructive notice" is defined as "information or kn......
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Vaughn v. DMC-Memphis, LLC, No. W2019-00886-COA-R3-CV
...(Tenn. Ct. App. 2006); Martin v. Washmaster Auto Ctr., U.S.A., 946 S.W.2d 314 (Tenn. Ct. App. 1996); Ogle v. Winn-Dixie Greenville, Inc., 919 S.W.2d 45 (Tenn. Ct. App. 1995). That is not the relevant inquiry in this case, as DMC does not argue for purposes of summary judgment that it did no......