Byram Cafe Group, LLC v. Eddie Tucker and Teresa Tucker, 344 So.3d 844

On May 25, 2018, Eddie Tucker slipped and fell at a Newk’s Restaurant operated by Byram Café Group, LLC (BCG) after using the drink machine.
The Tuckers sued BCG for premises liability, alleging negligence in maintenance/cleaning.
In deposition, the Tuckers conceded they had no direct evidence a dangerous condition existed, that BCG created such a condition, or that BCG had notice.
BCG moved for summary judgment arguing the Tuckers failed to produce evidence of any essential element (existence of a dangerous condition, causation, or notice).
The Tuckers opposed with speculative theories and an unsworn report; the trial court denied summary judgment without identifying disputed material facts.
The Mississippi Supreme Court granted interlocutory review, held the Tuckers failed to meet their burden, and reversed and rendered summary judgment for BCG.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Tuckers can survive summary judgment without evidence that a dangerous condition existed, that BCG caused it, or that BCG had notice	Tucker: Circumstantial evidence and absence of inspection procedures create jury issues; speculative sources (employees, patrons) could have produced the hazard	BCG: Record contains no evidence of a dangerous condition, causation, or notice; Tuckers’ theories are speculative and unsworn opinion is inadmissible	Court: Tuckers failed to produce evidence of essential elements; speculative and unsworn assertions insufficient; summary judgment for BCG reversed and rendered

Moore v. Winn-Dixie Stores, Inc., 173 So. 2d 603 (Miss. 1965) (sets out methods by which a plaintiff may recover in a slip-and-fall case)
Munford, Inc. v. Fleming, 597 So. 2d 1282 (Miss. 1992) (premises-liability standards)
Miss. Winn-Dixie Supermarkets v. Hughes, 156 So. 2d 734 (Miss. 1963) (circumstantial evidence can imply negligence only after a dangerous condition is established)
Jones v. Imperial Palace of Miss., LLC, 147 So. 3d 318 (Miss. 2014) (inspection procedures irrelevant absent evidence the condition existed long enough to give notice)
Peak v. Cohee, 294 So. 3d 604 (Miss. 2020) (no liability for conditions not dangerous or obvious to invitees)
Sears, Roebuck & Co. v. Tisdale, 185 So. 2d 916 (Miss. 1966) (mere occurrence of a fall is insufficient to prove proprietor negligence)
Sweet v. TCI MS, Inc., 47 So. 3d 89 (Miss. 2010) (conclusory or self-serving affidavits insufficient to defeat summary judgment)