Colonial Stores, Inc. v. Wilson

Quillian, Judge.

The defendant contends that the motion for summary judgment should have been granted because the evidence before the court did not show that the defendant had either actual or constructive knowledge of the alleged dangerous condition. To establish liability when the case goes to trial the plaintiff must carry the burden of proving that the defendant had either actual or constructive knowledge of the alleged dangerous condition. However, in the case sub judice we are now considering whether the defendant’s motion for summary judgment is valid. In substance the defendant is…