Jackson v. Waffle House, Inc.

I respectfully dissent. The evidence is undisputed that Jackson had knowledge of the condition of the parking lot, as she unequivocally admitted her knowledge, before she fell, that “[i]t seemed to be in terrible condition.” She also testified that the entire parking lot was “slanting and slopey” and “awfully rough,” and that walking in it was not comfortable. The condition of the parking lot was obviously a static defect, open and obvious to Jackson for a period of time prior to her fall. Under these circumstances, she has not shown that Waffle House had superior knowledge of any defect.…