Kyle Beverly et al. v. Hardee's Food Systems, LLC

Kyle Beverly et al. v. Hardee's Food Systems, LLC
E2014-02155-COA-R3-CV

This is a premises liability case in which the plaintiffs filed suit against the defendant, alleging that Kyle Beverly slipped and fell on the floor after entering the defendant’s dining establishment. The defendant filed a motion for summary judgment, asserting that Kyle Beverly was comparatively negligent and that the plaintiffs could not prove that its employees had notice of the dangerous condition prior to the fall. Following a hearing, the trial court granted the motion for summary judgment, finding that the plaintiffs could not establish that the defendant had notice of the dangerous condition prior to the fall. The plaintiffs appeal. The decision of the trial court is affirmed in part and reversed in part. We remand this case for proceedings consistent with this opinion.

Authoring Judge: 
Judge John W. McClarty
Originating Judge: 
Judge Michael S. Pemberton
Date Filed: 
Monday, June 15, 2015