Barker v. Shoney's, Inc.

Judge Harold R. Banke.

Palma Jean Barker sued Shoney’s, Inc. (“Shoney’s”) after she slipped on a tablespoonful of pudding or dressing and injured her back while walking down an aisle. The trial court granted Shoney’s motion for summary judgment, and Barker appeals.

To prevail on summary judgment, defendants who will not bear the burden of proof at trial may point out by reference to the record that there is no evidence, viewed in the light most favorable to the non-movant, sufficient to create a genuine jury issue on at least one essential element of plaintiff’s case. Lau’s Corp. v. Haskins,…