Where the decedent was an independent contractor who died when a lifting mechanism in the factory failed, there were questions of fact regarding whether the defendant company owed a duty to the decedent, so summary judgment for the defendant company was reversed. In Lowe v. Bridgestone Americas Tire Operations, LLC,…
Where decedent was killed in a car accident that occurred when a driver on a city-controlled street was turning into defendant truck stop, the truck stop did not owe a duty of care to the decedent. In Mershon v. HPT TA Properties Trust, No. M2023-01334-COA-R3-CV (Tenn. Ct. App. Oct. 11,…
Summary judgment for a landlord in a premises liability suit was reversed where the landlord had not installed a stair rail (also known as a handrail) up to code. In Franz v. Funes, No. E2023-01256-COA-R3-CV (Tenn. Ct. App. Sept. 30, 2024), plaintiff leased a residential property from defendant, who owned…
A premises liability plaintiff who had no evidence that defendant construction company controlled the area where she fell did not survive summary judgment. In Brooks v. Whaley Construction, LLC, No. E2023-00711-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff walked in a grass median after having car trouble. While walking, he…
Where a premises liability plaintiff admitted that she had no evidence regarding how a hole was created, how long it had existed, or that any other person had fallen into it, summary judgment for defendant was affirmed. In Halterman-Scott v. Tennessee Society of Certified Public Accountants, No. M2024-00373-COA-R3-CV (Tenn. Ct.…
After slipping and falling in a retail store, plaintiff had evidence that the store was aware of the spill with enough time to address or warn about it. Summary judgment for the store was therefore reversed. In Alcantar v. Dolgencorp, LLC, No. M2023-01143-COA-R3-CV (Tenn. Ct. App. Sept. 6, 2023), plaintiff…
A premises liability plaintiff must have evidence that a dangerous condition existed and that defendant had notice (actual or constructive) of the condition to survive summary judgment. In Farmer v. Wal-Mart Stores East, LP, No. W2023-00468-COA-R3-CV (Tenn. Ct. App. May 29, 2024), plaintiff slipped and fell while getting a shopping…
The Court of Appeals affirmed dismissal of a personal injury case because the defendant qualified as a statutory employer of plaintiff under Tennessee’s workers’ compensation laws. Under the “exclusivity doctrine” in worker’s compensation law, an employee cannot sue his or her employer under tort law. Instead, the exclusive remedy for…
Where the trial court granted summary judgment to defendant store in a premises liability case based on the finding that there was no dangerous condition, but the plaintiff’s appellate brief only addressed the issue of notice, summary judgment for defendant was affirmed. In Williams v. Dollar General Corporations, LLC, No.…
Where plaintiff was an employee of the company that leased a building, and she brought a negligence and negligence per se claim against the owner of the building after she fell off a staircase that allegedly was not up to code, summary judgment for the building owner was affirmed; plaintiff,…