Oral Arg. – COA – 8/14/2018

At 1:30 the COA will hear the premises liability case of  Teri Keckley v. Estes Equipment __ Co. and Pilot Travel Center, LLC.  The Pilot Center truck stop in Pearl had had some underground tanks installed.  Estes did the installation after which Denco poured concrete on top of the tanks. The concrete required a drying period of thirty day and Denco placed barrels and caution tape around the newly poured concrete. Thirteen days later, Keckley was approaching the store entrance when her leg was caught in the tape and she fell.  The court granted summary judgment for the defendants holding that yellow caution tape is not a dangerous condition on the premises. Keckley appealed. She argues that the tape was not where it had been originally placed but had migrated to the main walkway leading to the store entrance  where it presented a dangerous condition and the store knew the tape was there and that it was dangerous.  According to Keckley, the store manager apologized and told her that he had been trying to get the contractor out to clean up the mess it left behind.

Keckley’s brief

Estes Equipment’s brief

Pilot Travel Center’s brief

Keckley’s reply brief

Watch the argument here

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