Dolgencorp, LLC v. PaytonAnnotate this Case
In this slip-and-fall case, the trial court denied the defendant business Dolgencorp’s summary judgment motion. The judge found there “may be a question of fact.” After de novo review, the Mississippi Supreme Court found clear that plaintiff Patsy Payton failed to present sufficient
evidence to establish a material fact issue as to whether the alleged dangerous condition, Carpet Fresh powder on the floor of the main aisle of a Dollar General store, had existed long enough on the ground for the store to have constructive knowledge of the spill. The only evidence Payton produced was her deposition testimony that no other customer was in the store when she arrived. And soon after arriving, she slipped and fell, implying that the substance must have been spilled sometime before she entered the store. Payton admitted she had only been in the store less than a minute when she fell. On these facts, the Supreme Court found Payton's claims failed, and reversed the trial court's denial of Dolgencorp's motion.