Pappas Grubbs Price Attorney Successfully Asserts Motion for Summary Judgement in Premises Liability Case


Pappas Grubbs Price Associate, Marcia Edwards, successfully asserted a Motion Summary Judgment in favor of Firm client, a fast-food franchisee. Plaintiff alleged premises liability, res-ipsa loquitur and negligent activity claims against the client as a result of ingesting what appeared to be a sewing needle. Defendant argued, that (1) the claim was not a proper premises liability claim and in the alternative Plaintiff presented no evidence of actual or constructive knowledge of a dangerous condition on the premises; (2) the claim was not a proper res-ispa loquitur claim and in the alternative, there was no evidence that the instrumentality causing the injury was in the exclusive control of Defendant; and (3) there was no evidence of any negligent contemporaneous activity to support Plaintiff’s negligent activity claim. The Court agreed with Defendant and dismissed all claims asserted against our client.