Hagan v. Goody's Family Clothing, Inc.

I concur in the dissent of Presiding Judge McMurray. The primary issue at this stage, as we review the grant of summary judgment to defendant proprietor, is whether there is admissible evidence of a declaration against interest or res gestae statement made by an agent of defendant to prove prior, superior knowledge of the foreign substance by the proprietor. If there is, then the jury must decide if the proprietor breached its duty of care for its invitee.

Hagan, the injured plaintiff, testified in deposition that he did not know what the substance was that he had slipped on until “the…