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…
Where a trial court granted defendant’s motion for summary judgment in a Tennessee premises liability case without considering plaintiff’s motion to amend her complaint, summary judgment was vacated. In Shaw v. Metropolitan Government of Nashville and Davidson County, Tennessee, No. M2016-02455-COA-R3-CV (Tenn. Ct. App. Dec. 14, 2017), plaintiff was a…
Where a business leased its store space in a shopping center, the lease provided that the landlord was responsible for the parking lot, and a customer entering the store had the option of parking on a clear parking lot and using clear sidewalks to enter the business, the business owed…