January 18, 2024

Motion for Summary Judgment Granted in favor of Cracker Barrel Old Country Store, Inc.

stephen

      On January 9, 2024, Stephen Christie successfully argued a Motion for Summary Judgment in favor of client Cracker Barrel Old Country Store, Inc. in a case brought against them by Michael Cohen.

      On September 9, 2020, Michael Cohen visited a Cracker Barrel store in Pell City, Alabama. Upon his entrance into the store, another customer backed into Mr. Cohen causing him to fall to the floor and into a Christmas tree display. In sum, he alleged that Cracker Barrel was at fault for the aisles being too narrow. Cracker Barrel maintained that the floor designs were kept up to standard and denied any claim that the floor design was maintained in a negligent condition.

      Cracker Barrel successfully argued that a premises owner does not have a duty to protect invitees from all conceivable dangers, in particular the risk of another customer colliding with the plaintiff. Further, any duty Cracker Barrel had to Michael Cohen was negated when the hazard is “open and obvious” or when an invitee should have been aware of a hazard while exercising reasonable care on his own behalf. The trial court agreed that no evidence was presented to show that Cracker Barrel breached any duty owed to Michael Cohen and granted Summary Judgment in favor of Cracker Barrel Old Country Store, Inc.

Miller, Christie & Kinney, P.C.

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