A restaurant did not have a duty to clear ice and snow from its steps while a winter storm was ongoing.
In Broyles v. Herrin, No. M2024-00592-COA-R3-CV (Tenn. Ct. App. July 24, 2025), the plaintiff visited defendant restaurant during a winter storm. Snow and ice had been falling for approximately ten to thirty minutes before the plaintiff arrived at the restaurant, and snow and ice had accumulated on the steps. The plaintiff could see the accumulated precipitation, so he used the handrail as he climbed the restaurant steps, but he slipped and fell on an ice patch. This suit followed.
The plaintiff alleged that the defendant restaurant “caused his injuries by failing to remove snow and ice from the premises or by failing to follow proper procedures to protect him from the dangerous and unsafe condition.” The defendant moved for summary judgment, arguing that it owed no duty to “remove snow and ice from the premises during an ongoing winter storm.” The trial court agreed with the defendant, granting summary judgment, and the Court of Appeals affirmed.