Billy Tester v. Walmart, Inc.

NOT RECOMMENDED FOR PUBLICATION File Name: 21a0217n.06 Case No. 20-6080 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Apr 22, 2021 BILLY TESTER, ) DEBORAH S. HUNT, Clerk ) Plaintiff-Appellant, ) ) ON APPEAL FROM THE UNITED v. ) ) STATES DISTRICT COURT FOR ) THE EASTERN DISTRICT OF WALMART, INC., ) TENNESSEE Defendant, ) ) WAL-MART STORES EAST, LP, ) Defendant-Appellee. ) ) BEFORE: DAUGHTREY, MOORE, and THAPAR, Circuit Judges. THAPAR, Circuit Judge. In this state-law negligence case, we consider whether a parking lot curb with no evidence of a defect or abnormality is a dangerous…