Legal Opinion

Paul N. Smith and Bernice Smith v. Wal-Mart Stores, Inc.

Court of Appeals for the Sixth Circuit

Decided January 27, 1999No. 97-5313PublishedCited by 78 opinions

1Opinion of the CourtGodbold, J., joined by Gilman, J.,

GUY, J. (pp. 298-99), delivered a separate opinion concurring in part and dissenting in part.

GODBOLD, Circuit Judge.

Introductory

This diversity suit was filed by plaintiffs, residents of Georgia, in Tennessee state court against Wal-Mart Stores, Inc. to recover damages they suffered as a result of Mrs. Smith’s fall in a bathroom1 of a Wal-Mart *289Store located in Fort Oglethorpe, Ga. Wal-Mart removed to the U.S. District Court, E.D. Tennessee. The parties agree that Georgia law controls. The district court granted summary judgment in favor of Wal-Mart on all of the plaintiffs’ claims, and the…

2Cases cited27 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  4. Robinson v. Kroger Co.Supreme Court of Georgia · 1997
  5. Alterman Foods, Inc. v. LigonSupreme Court of Georgia · 1980

22 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. Donna Cockrel v. Shelby County School DistrictCourt of Appeals for the Sixth Circuit · 2001
  2. Teresa Anne Henderson v. Walled Lake Consolidated Schools, a Michigan School DistrictCourt of Appeals for the Sixth Circuit · 2006
  3. Jody Kaufmann v. Kilolo KijakaziCourt of Appeals for the Ninth Circuit · 2022
  4. Lewis v. B & R CORPORATIONCourt of Appeals of Kentucky · 2001
  5. Northland Insurance Company v. Stewart Title Guaranty Company, Cailu Title Corporation, Donald G. Sare, Jr., and Kelly L. SareCourt of Appeals for the Sixth Circuit · 2003

73 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API