Lost Evidence Leaves Questions of Material Fact in Tennessee Slip-and-Fall Case

According to Tennessee law, when a party involved in a legal dispute moves for summary judgment they bear the burden of submitting evidence to negate the other party’s claims. After Penny Wilson slipped and fell in the parking lot of Weigel Stores, a gas station, the store lost both the witness’s contact information and the surveillance camera video. Wilson filed suit against Weigel for the injuries she sustained in the fall. Weigel moved for summary judgment because Wilson could not positively identify the cause of her fall. The trial court agreed and issued a summary judgment in favor of Weigel. On appeal,  the Tennessee Court of Appeals reversed the trial court’s summary judgment decision due to the remaining questions of material fact. To learn more about how the courts applied Tennessee law to all the points of the case on appeal click here.