Shaw v. City of Lipscomb

After a mistrial was declared in this slip and fall case, the court granted defendant's motion for summary judgment. Plaintiff appeals.

The issue, as stated by the defendant is, "did the plaintiff, an invitee, present a scintilla of evidence tending to show that the defendant breached any duty owed to the plaintiff when plaintiff fell at 12 o'clock noon, July 3, 1976, in defendant's municipal park in a grassy area under sweet gum trees and plaintiff claims she lost her footing [while descending a slight incline] when she stepped on something that rolled, maybe a sweet gum ball or a twig?" We…