Where a plaintiff claiming that he was sexually assaulted in a locker room failed to present any evidence that the “health club knew or should have known of prior assaults by the assailant or anyone else,” summary judgment for defendant health club was affirmed. In Boswell v. Young Men’s Christian…
Where plaintiff failed to present any proof that the stairs owned by defendant were defective, the trial court’s finding for defendant was affirmed. In James v. City of Dyersburg, No. W2018-00614-COA-R3-CV (Tenn. Ct. App. Feb. 22, 2019), plaintiff filed a GTLA premises liability suit after falling on stairs outside of…
Where a plaintiff who fell in a grocery store presented no evidence in her premises liability case beyond the fact that there was a pallet in the aisle over which she tripped, the Court of Appeals affirmed summary judgment for defendant grocery store. In Hunter v. Kroger Limited Partnership, No.…
A premises owner’s duty generally does not include the duty to protect “from criminal acts occurring off [the] defendant premises owner’s property.” In Collier v. Legends Park LP, No. W2017-02313-COA-R3-CV (Tenn. Ct. App. Oct. 3, 2018), plaintiff was a resident at defendant’s apartment building. Plaintiff was sitting in his car,…
Where there were facts in dispute about whether a warehouse warned its workers about independent contractors working and using extension cords in the facility, summary judgment in a premises liability case was inappropriate. In Miranda v. CSC Sugar, LLC, No. W2017-01986-COA-R3-CV (Tenn. Ct. App. July 5, 2018), plaintiff was a…
Where a school custodian had placed wet floor signs on a small area of one side of a hallway but mopped the entire hallway, the trial court’s finding that the school was liable to a teacher who slipped and fell outside her classroom was affirmed on appeal. In Robertson v.…
Evidence of an accident or injury alone is not enough to withstand a motion for summary judgment in a premises liability case. In Jobe v. Goodwill Industries of Middle Tennessee, Inc., No. M2017-02299-COA-R3-CV (Tenn. Ct. App. June 4, 2018), plaintiff was a shopper at a Goodwill store. When she “attempted…
Where a defendant has changed its story regarding relevant facts, leaving material facts in dispute, summary judgment is inappropriate. In Schacklett v. Rose, No. M2017-01650-COA-R3-CV (Tenn. Ct. App. May 2, 2018), plaintiff filed a premises liability claim after falling at defendants’ home. Plaintiff was a catering employee who had entered…
Where a drainage cut in a concrete platform was visible but not open and obvious, a finding that the plaintiff was only twenty percent at fault for his fall was affirmed on appeal. In Osborne v. The Metropolitan Government of Nashville and Davidson County, No. M2017-01090-COA-R3-CV (Tenn. Ct. App. Feb.…
A door that opened into a lobby area and had no warning signs has been held to not be a dangerous condition under certain circumstances. In Wimmer v. Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System, No. E2017-00352-COA-R3-CV (Tenn. Ct. App. Jan. 26, 2018), plaintiff had just finished a doctor’s…