Sandra Morris v. Wal-Mart Stores, Inc.

In this slip and fall case, the panel majority has determined that Sandra Morris has proved negligence pursuant to the doctrine of res ipsa loquitur to reverse the district court’s award of judgment as a matter of law to store-owner Wal-Mart. Unfortunately, the majority’s conclusion disregards the controlling weight of existing Tennessee law applying the doctrine of res ipsa loquitur to circumstances where the instrumentality that caused injury was purportedly under the exclusive control and management of the defendant and where the injury would not have occurred in the ordinary course of…