Byram Cafe Group, LLC v. TuckerAnnotate this Case
Byram Café Group, LLC (BCG), moved for summary judgment against Eddie and Teresa Tucker in a premises-liability action arising from Eddie’s slip-and-fall accident. BCG sought judgment as a matter of law based on a lack of evidence supporting any of the elements of a slip-and-fall case. In response, the Tuckers argued that genuine issues of material fact existed as to dangerous conditions that may have caused Eddie’s fall. The circuit court denied BCG’s summary judgment motion. BCG sought interlocutory appeal, which the Mississippi Supreme Court granted. The issue the appeal presented was whether the Tuckers could survive a motion for summary judgment without producing evidence that a dangerous condition existed, that BCG caused the hypothetical dangerous condition, and that BCG knew or should have known about the dangerous condition. As a matter of law, the Supreme Court found the circuit court erred by denying BCG’s motion for summary judgment. Accordingly, the Court reversed and remanded the circuit court’s order.