Fred's Stores of Tennessee, Inc. v. Davenport

SMITH, Presiding Judge.

In this slip-and-fall case, Fred’s Stores of Tennessee, Inc. appeals from the trial court’s denial of summary judgment in its favor. Appellee Barbara Davenport alleged that she slipped and fell on a jumbo paper clip in the aisle of one of Fred’s stores. Fred’s moved for summary judgment on the ground that it had no actual or constructive knowledge of the presence of the paper clip. The trial court denied summary judgment on the basis that a Fred’s employee allegedly engaged in spoliation of evidence and that this action could be construed as “evidence of actual or…