In Cruce v. Memmex Inc. D/B/A Salsa Cocina Mexicana Restaurant, No. W2016-01167-COA-R3-CV (Tenn. Ct. App. Feb. 7, 2017), the Court of Appeals affirmed summary judgment in a premises liability case because plaintiff failed to prove the existence of a dangerous condition.
In December 2012, plaintiff was going to a party on the second floor of defendant restaurant. On her way up the stairs, “she noticed that the railing on her right side was decorated with garland and Christmas lights,” and she said she had trouble finding anywhere to place her hand on the railing. When she was leaving the party and going back down the stairs, she reached for the decorated handrail but asserted that she “was unable to grasp the railing itself and instead only gripped a handful of garland.” She then fell, breaking her leg. Although plaintiff stated that she did not notice it at the time, it was undisputed that the railing on the other side of the stairwell was not decorated.
Plaintiff filed suit, alleging that the restaurant “created a dangerous condition by covering a safety device, i.e., handrail, with items that impeded its use.” Defendant filed a motion for summary judgment, relying primarily on the deposition of the restaurant owner wherein he stated that he had decorated one of the handrails for fifteen years and never had a problem, that no one had ever fallen down the stairs “either as a result of the Christmas decorations or for any other reason,” and that only one of the handrails was decorated. The trial court granted summary judgment, ruling that “the decorated handrail did not constitute a dangerous or defective condition for purposes of premises liability,” and the Court of Appeals affirmed.