Helen R. Gibson and Charles E. Gibson v. United States

I am unable to agree with the majority’s interpretation of Tennessee law. The majority opinion ignores plaintiffs’ failure to demonstrate, by either direct or circumstantial evidence, the length of time that the *210rice had been on the floor. In my opinion, that is an essential element of plaintiffs’ case, and without such evidence, plaintiffs are not entitled to recover. Consequently, I must dissent from the Court’s holding.

The duty owed to an invitee, under Tennessee law, is the duty “to exercise ordinary care and diligence to maintain the premises in a reasonably safe condition.” Paradiso v.…