Tice v. Tice
In Tice v. Tice, 361 So. 2d 1051 (Ala. 1978) the Court affirmed a summary judgment in favor of premises owners in a trip-and-fall action against them.
In Tice, the plaintiff "could not state the cause of her fall, only that she believed it must have been caused by stepping on one of the child's toys that she admittedly knew was in the yard." Id. at 1052 . The plaintiff in Tice "asserted only that her fall may have been caused by toys, leaves or holes in the yard." Id.
Because she could only speculate as to the cause of the accident, she could not present evidence of a defect of which the defendants should have been aware.