SELF v. WAL-MART STORES, INC.

No. 88-6210.

885 F.2d 336 (1989)

Leonard O. SELF, Plaintiff-Appellant, v. WAL-MART STORES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 20, 1989.

Rehearing Denied November 1, 1989.


Attorney(s) appearing for the Case

David L. Comer (argued), Lawrenceburg, Tenn., David L. Allen, Lebanon, Tenn., for plaintiff-appellant.

Robert E. Parker, Rose P. Cantrell, George A. Dean (argued), Speight & Parker, Nashville, Tenn., for defendant-appellee.

Before WELLFORD and NELSON, Circuit Judges, and TAYLOR, District Judge.


DAVID A. NELSON, Circuit Judge.

This is an appeal from a summary judgment for the defendant in a slip-and-fall case governed by Tennessee law. The plaintiff's accident was caused by what the Tennessee courts sometimes refer to as "a transitory, temporary or unusual ... accumulation of foreign substances" — in this instance, dog food pellets that had been spilled on the floor of a self-service department store operated...

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