Flagstar Enterprises, Inc. v. Burch

Smith, Chief Judge.

Charles Richard Burch sued Flagstar Enterprises, Inc. d/b/a Hardee’s for negligence, asserting that Hardee’s was liable for injuries incurred when he slipped and fell while at a Hardee’s restaurant “in some water that had accumulated in the entryway.” The trial court denied Hardee’s motion for summary judgment but certified its ruling for immediate review. We granted Hardee’s application and reverse because we find that Hardee’s was entitled to judgment as a matter of law.

Summary judgment is proper when no genuine issue of material fact remains for resolution and the…