New Premises Liability Case: Summary Judgment for the Defense Upheld on Appeal; Sanctions for Spoliation of Evidence Not Warranted

The Tennessee Court of Appeals has released its opinion in Beasley v. Jae Nails Bar, LLC, No. M2022-01330-COA-R3-CV (Tenn. Ct. App. Dec. 11, 2023). The syllabus from the slip opinion reads:

This is a premises liability action in which the plaintiff slipped and fell while she was walking to a pedicure station in a nail salon. Two principal issues are presented. First, the plaintiff contends that the trial court erred by denying her Tenn. R. Civ. P. 34A.02 motion for spoliation of evidence by finding that the defendant was not put on notice that a video recording from a surveillance camera in the nail salon was relevant to pending or reasonably foreseeable litigation. Second, the plaintiff contends that the trial court erred by summarily dismissing her complaint on the basis that there was no proof that the defendant had created the allegedly hazardous condition in the nail salon or that the defendant had actual or constructive notice of the condition. We affirm.

Here is a link to the slip opinion: UNSIGNED-M2022-1330-COA-BEASLEY.pdf (tncourts.gov).

NOTE: In reverse order to that addressed by the court, this opinion offers a great analysis of the elements of a premises liability case and of what constitutes spoliation of evidence worthy of sanctions.