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Tice v. Tice

Alabama Supreme Court
361 So. 2d 1051 (1978)


Facts

Margaret Tice (plaintiff) slipped and fell and injured herself in the front yard at the house of her son and daughter-in-law, Cabell and Debra Tice, (defendants) while Margaret was babysitting her son’s children. Margaret sued Cabell and Debra for her injury that she alleged resulted from Cabell and Debra’s negligence in permitting an unreasonable and dangerous condition on their premises. Cabell and Debra denied liability and asserted that Margaret was contributorily negligent. The evidence showed that Margaret fell and landed in grass while walking up an incline on a sidewalk in front of the house. Evidence also showed that there were toys scattered throughout the yard and several small holes in the ground and that the ground was covered in leaves. Margaret did not testify to the cause of her fall but said that she thought she must have slipped on a toy. There were no eyewitnesses to her fall. The court granted Cabell and Debra’s motion for summary judgment and denied Margaret’s motion for summary judgment. Margaret appealed and argued that the evidence established a question of fact for the jury regarding the cause of her fall.

Rule of Law

Issue

Holding and Reasoning (Shores, J.)

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