(January 22, 2009) David S. Rutherford, a partner with Rutherford & Christie, was recently commended by the National Retail and Restaurant Defense Association (NRRDA) for his work as local defense counsel for Ruby Tuesday, Inc. Following is an excerpt from the NRRDA commendation:

Rutherford won a motion for summary judgment in the case of Morehead v. Ruby Tuesday, Inc., which was pending in the U.S. District Court for Connecticut. Morehead alleged that she slipped and fell on a loose pen cap on the restaurant’s dining room floor near the salad bar. Morehead did not see anything while she was walking, but afterwards, she saw the pen cap near where she had fallen. Morehead did not know how the pen cap got there, whose it was, or how long it had been there. Ruby Tuesday moved for summary judgment contending that there was no evidence of actual or constructive notice. The court agreed. Furthermore the court refused to extend Connecticut’s “Method of Operation” rule to this case, since there was no evidence that pen caps on the floor naturally flow from plaintiff’s operations. In so ruling, the court granted Ruby Tuesday’s motion for summary judgment and plaintiff’s claims were dismissed. NRRDA offers its congratulations to David Rutherford for his hard work and good results.

The mission of NRRDA, of which Rutherford is a member, is to advance and protect the interests of the retail and restaurant industries by developing strategies to reduce the number and severity of claims, manage common risks and enhance our defense position in litigated matters. Its members are found across the country and include corporate counsel, industry representatives, insurance representatives, and defense attorneys who focus on retail and restaurant litigation.