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Articles Posted in Premises Liability

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Another Water-on-Floor Slip and Fall Falls

The Court of Appeals recently affirmed summary judgment in a premises liability case where plaintiff could not prove defendant’s actual or constructive knowledge of the allegedly dangerous condition. In Landrum v. Methodist Medical Center, No. E2015-01733-COA-R3-CV (Tenn. Ct. App. July 25, 2016), plaintiff was visiting her mother, who was a…

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Summary Judgment Ruling Trips Up Plaintiff’s Elevator Case

In Dennis v. Donelson Corp. Centre I, LP, No. M2015-01878-COA-R3-CV (Tenn. Ct. App. May 13, 2016), the Court of Appeals affirmed summary judgment in a negligence case revolving around injuries plaintiff sustained when exiting an elevator. On appeal, the only relevant defendant was the elevator maintenance company, who provided maintenance…

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Waiver Trips Up Injury Case Against YMCA

In an extremely short opinion in a recent premises liability case, the Court of Appeals overturned a trial court and ordered summary judgment be entered for defendant on remand due to a release agreement plaintiff had signed. In Gibson v. Young Men’s Christian Association of Middle Tennessee, No. M2015-01465-COA-R9-CV (Tenn.…

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Three-Inch Step From Store to Sidewalk Not a Dangerous Condition

In Mooney v. Genuine Parts Co. d/b/a National Automotive Association, Inc., No., W2015-02080-COA-R3-CV (Tenn. Ct. App. May 11, 2016), the Tennessee Court of Appeals affirmed summary judgment for defendant retail store in a premises liability action. Plaintiff had entered the automotive parts store to apply for a job. After being…

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Glass Display Case in Retail Store Not a Dangerous Condition

In Singletary v. Gatlinburlier, Inc., No. E2015-01621-COA-R3-CV (Tenn. Ct. App. April 25, 2016), the Court of Appeal affirmed summary judgment for defendants in a premises liability case. While visiting a retail store in Gatlinburg, a woman unexpectedly fainted and fell into a glass display case. The case shattered and a…

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No Causation Found For Plaintiff Injured by Dorm Fire Alarm

In Crutchfield v. State, No. M2015-01199-COA-R3-CV (Tenn. Ct. App. April 18, 2016), plaintiff sued the State for alleged negligence regarding a fire alarm in her college dorm room at Tennessee Technological University (TTU), a state university. While the claims commission found for plaintiff and awarded her damages, the Court of…

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Tennessee Recreational Use Statute Strikes Again

In a recent premises liability case, a Tennessee statute shielded the property owner from liability for a four-wheeler accident that occurred on his property. In McCaig v. Whitmore, No. W2015-00646-COA-R3-CV (Tenn. Ct. App. Feb. 22, 2016), plaintiff and his family were attending a social gathering at defendant’s home, which consisted…

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Property Owner Not Liable Where Another Entity Operated Clinic

In Choate ex rel. Clayton v. Vanderbilt Univ., No. M2014-00630-COA-R3-CV (Tenn. Ct. App. Jan. 25, 2016), the Court of Appeals affirmed summary judgment for a property owner when a patient was injured while attempting to get on a scale at a dialysis clinic. Plaintiff was the decedent patient’s former spouse…

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