Where plaintiff was injured while mowing a common area of his neighborhood, but plaintiff did not have permission to mow in the common area and permission was required by the neighborhood covenants, summary judgment in favor of defendant in this premises liability case was affirmed.
In Walker v. Rivertrail Crossing Homeowner’s Association Inc., No. W2020-01201-COA-R3-CV, 2022 WL 852904 (Tenn. Ct. App. Mar. 23, 2022), plaintiff and his wife lived in the Rivertrail neighborhood and were members of the defendant homeowner’s association (HOA). Plaintiff’s home was adjacent to a common area that included a retaining wall at the edge of the neighborhood property, and plaintiff complained to a member of the HOA board that the ivy covering a portion of this common area was an eyesore. The board member told plaintiff to submit his concerns in writing to the HOA, but plaintiff failed to do so. Instead, plaintiff attempted to cut the ivy using his riding lawnmower, and when he encountered a trough that was covered by ivy and not visible, he was thrown from the mower and injured.