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Byrne v. Wal-Mart Stores, Inc.
Mississippi Court of Appeals
877 So. 2d 462 (2003)
While in Wal-Mart, Shirley Byrne (plaintiff) slipped on something she thought was a cookie and injured her back and knee. Byrne sued Wal-Mart and two employees (collectively Wal-Mart) (defendants) for negligence on a theory of premises liability. Wal-Mart moved for summary judgment. Byrne did not offer any evidence to show that Wal-Mart committed a negligent act that caused her injury, that Wal-Mart knew that the object was on the floor, or that the object was on the floor long enough for Wal-Mart to notice and remove it. Byrne did not know how long the object had been on the floor. There was evidence that Wal-Mart employees conducted safety sweeps and clean-ups. The trial court granted Wal-Mart’s motion for summary judgment. On appeal, Byrne argued that the trial court should have applied the “mode of operation” theory to her case.
Rule of Law
Holding and Reasoning (Myers, J.)
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