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Shuttleworth partner Robert Talley secured a summary judgment in a premises liability case in Desoto County, Mississippi on behalf of an owner-operator of a franchise restaurant. Plaintiff alleged severe injuries sustained when she fell in the lobby of the restaurant after receiving her ice cream cone at the counter.  Plaintiff alleged that she tripped because of ice on the floor of the restaurant.  Surveillance video from the store did not show any substance on the floor.  Multiple customers had walked by the area without any problem. 

Plaintiff argued that there was a dispute as to a material fact as to whether the plaintiff slipped on a piece of ice or a cleaning solution as a restaurant employee was cleaning the entrance door.

Talley argued that the Plaintiff could show the defendant knew, or should have known, about the alleged dangerous condition prior to the plaintiff tripping. Talley also argued that there was nothing in the record before the Court that would show that Defendant either: 1) Caused the dangerous condition, 2) Knew of the dangerous condition and failed to warn the Plaintiff or 3) The dangerous condition existed for such a period of time that Defendant should have known of its existence.

The Trial Court agreed and dismissed the case by Order of December 8, 2023.