Articles Posted in Premises Liability

In Reynolds v. Rich, No. E2015-01245-COA-R3-CV (Tenn. Ct. App. July 22, 2016), the Court of Appeals overturned summary judgment in a negligence case, finding that defendants did owe plaintiff a duty and that there were genuine issues of material fact regarding whether defendants breached that duty.

Defendant father gifted a piece of land to defendant daughter, and the father had taken charge of building a house on the land for the daughter. Defendants tried to secure as much labor as possible through family, friends and volunteers. Defendant father worked with plaintiff at the same company and had known plaintiff “for a number of years.” Father knew that plaintiff had previously re-roofed his own house with metal roofing, so he “asked plaintiff if he would like to help in view of his prior experience in installing such roofing on his own residence, and he agreed.” Plaintiff was not paid for this work, and while he and others were installing the roofing, plaintiff fell and suffered extremely serious injuries. Plaintiff then brought this negligence action.

Defendant father submitted an affidavit that stated that he asked all the volunteers, including plaintiff, whether they had any reservations about the job, and that none voiced any concerns. He averred that he offered plaintiff gloves, but that plaintiff refused, and that he told plaintiff he should stand on the felt material instead of the metal when affixing the metal roofing, but that plaintiff said his shoes were providing good traction. According to the father, “plaintiff did not request any assistance, tools, equipment, harness, rope, scaffold, support, any type of restraint or anything else.” Defendant stated that he did not know what made plaintiff fall, and plaintiff likewise stated that he could not identify the cause of his fall.

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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 patient at defendant hospital, when she slipped and fell in a puddle of water on the floor. The puddle was near the 5^th floor nurses’ station and was fairly large, estimated to be two to three square feet in size. Plaintiff fell when returning to her mother’s room on the 5^th floor, having left the room 15 minutes earlier by the same route. Plaintiff testified that when leaving the room, she did not notice the puddle, and that she did not see it until she had already fallen. Plaintiff “did not know what caused the puddle or how long the puddle had existed.”

Defendant hospital submitted depositions from two employees, both of whom were at the nearby nurses’ station when plaintiff fell. One stated that he did not see the puddle until plaintiff fell and that he “had no knowledge regarding what caused the puddle or how long the puddle had existed.” The other testified that the puddle was “large,” and that she did not see the puddle until after the fall and had no knowledge of what caused it or how long it had been there.

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In Williams v. City of Jamestown, No. M2015-00322-COA-R3-CV (Tenn. Ct. App. June 23, 2016), the trial court dismissed a GTLA premises liability claim after a bench trial, and the Court of Appeals affirmed.

Plaintiff was visiting the county courthouse and adjacent jail when he slipped and fell on ice in the parking area. Snow had begun falling the night before and accumulated approximately six inches by the time plaintiff went out the next day. The city had scraped and salted the roads and parking areas the night the snow began, and had been working since 5:30 a.m. on the day the fall occurred. When plaintiff drove into the courthouse parking lot, he noticed that the areas where the sun was hitting the ground were relatively free of snow, but he testified that he could only find a parking space in the shadowed area. Plaintiff entered and left the courthouse without incident, then walked over to the adjacent jail. On his way to the jail he walked “between a rock wall that bounded the courthouse grounds and the curb stops in the parking area,” which plaintiff stated was covered in snow and slush, but when leaving he “decided to walk out in the parking area” rather than following the same path. While in the parking area, plaintiff “turned his gaze from his feet to” a woman he met, and at that point slipped and fell on the ice.

During the bench trial, plaintiff admitted that there were six inches of snow on the ground that day and that “by venturing out, he was taking a serious risk.” He also testified that he did not have to go out that day. Further, evidence showed that the parking area had been scraped early that morning; the parking area had been further worked on at 10:00 am (approximately 3 hours before the fall); and that due to the 24 degree temperature, “it would have been difficult to keep salt treated areas from refreezing.”

The trial court dismissed plaintiff’s claim, finding that the city did not breach its duty of care to plaintiff, and that even if there were a breach, plaintiff was more than fifty percent at fault. In affirming dismissal, the Court of Appeals analyzed only the issue of whether the city breached its duty of care.

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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. Ct. App. May 16, 2016), plaintiff had joined her local YMCA. To become a member, plaintiff had signed a Membership Application, which stated:

In consideration of gaining membership and/or being allowed to participate in the activities and programs of the YMCA…, I do hereby waive, release, and forever discharge the YMCA…from any and all responsibility or liability for injuries or damages resulting from participation in such activities or programs or my use of such facilities, equipment or machinery, even if such damage or injury results from a negligent act or omission.

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 told the position was filled, she left through the same door she had previously entered and fell. Plaintiff filed a premises liability suit, claiming that the doorway constituted a dangerous condition. Plaintiff alleged that the concrete outside the store was 3.5 inches below the interior floor, that the drop-off is what caused her fall, and that the dangerous condition “could have been remedied by a ramp, contrasting floor material or paint, handrails, or warning signs.”

Defendant moved for summary judgment, claiming they “had no duty to warn [plaintiff] of the three-and-on-half-inch step-down at the doorway because it was not foreseeable that anyone would fall because of it.” In support of its motion, defendant pointed to evidence that no one had ever fallen during the 26 years the store manager had worked there, that plaintiff herself had traversed the doorway just a few minutes earlier, and that plaintiff had admitted that “she was not looking down at the step when she exited the door and fell.” In replying to this motion, plaintiff relied on her own deposition testimony, the store manager’s testimony that he had stumbled before going out the door, and a former employee’s testimony that he could see where the decline could cause someone to fall. The trial court granted defendant’s motion for summary judgment, and the Court of Appeals affirmed.

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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 piece of glass pierced the woman in the chest, and she later died from the injuries she sustained. The woman’s husband sued the retailer and mall where the store was located, alleging that the “narrow or cluttered aisles and the case’s fragile glass, which shattered and impaled” his wife were the proximate cause of her death. The husband alleged that the defendants breached their duty to his wife because the display cabinet was a “dangerous condition.”

Defendants filed a motion for summary judgment, attaching an affidavit and depositions in support. The evidence offered by defendants showed that the glass case in question here was common in other stores in Gatlinburg; that it had been in use for around 30 years; that during the 30 years it had been used by the store, it had withstood “collisions from baby carriages, children leaning against and pushing on it and an impact from a ‘purse the size of a refrigerator;’” that the glass was “cleaned regularly and ‘never appeared to be fragile or insubstantial;’” and that the store had “no expectation that the glass would break.” Based on these facts, the trial court granted summary judgment. The trial court ruled that “nothing Defendants did or failed to do caused [the wife] to fall,” and that “prior experiences with the antique display case did not alert the Defendants that the harm done to this particular plaintiff was foreseeable.” The trial court ultimately held that the “injury could not have been reasonably foreseen. Therefore, the duty of care does not arise.” The Court of Appeals affirmed this ruling.

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In Fuller v. Banks, No. W2015-01001-COA-R3-CV (Tenn. Ct. App. Feb. 3, 2016), plaintiff filed a premises liability action based on a fall she sustained when the railing on the stairs at her rental home gave way. Plaintiff had been leasing the premises for almost a year, and the stairs were located outside her front door. Anytime plaintiff went outside the front of her home, she used these stairs and rail. She had used the stairs multiple times a day for the 11 months she had lived there, and even used the stairs at least two times on the day of the fall. Plaintiff had never noticed or reported a problem with the stairs to defendant landlord.

According to plaintiff, after she fell “she noticed loose bricks lying on the ground around her,” which she claimed were part of the railing’s foundation. After the fall, defendant sent a licensed contractor to repair the railing, and this contractor testified that he “did not find any loose bricks,” that “he made no repairs to the brick foundation,” and that there were no signs of rotting. Upon inspection, the contractor saw markings that made him believe the post supporting the railing had been hit by a vehicle.

The trial court granted summary judgment to defendant, finding that plaintiff’s “evidence is insufficient to establish an essential element of [her] claim, that being that [she] suffered an injury resulting from an unsafe or dangerous condition of the leased premises that was in existence at the date of the lease.” The trial court found that defendant had successfully negated proof that a defect was present when the lease was executed, and the Court of Appeals affirmed.

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