In Peters-Asbury v. Knoxville Area Transit, Inc., No. E2015-01816-COA-R3-CV (Tenn. Ct. App. Aug. 8, 2016), the Court of Appeals overturned a bench trial negligence verdict.
Plaintiff was a student at the University of Tennessee with limited mobility due to a previous knee injury. For students with disabilities, UT provided transportation through an agreement with Knoxville Area Transit, Inc. (“KAT”), who was the defendant in this case. On the morning of the incident, plaintiff called the KAT operator and asked to be taken to the Office of Disability Services. Disability Services was located in Dunford Hall, which had a main entrance and a side entrance. The side entrance was closest to the Disability Services Office. A bus came to pick up plaintiff, and she repeated to the driver that she wanted to be taken to Disability Services. Accordingly, the driver took her to the side entrance of Dunford Hall. As plaintiff took her first step off the bus, she fell and fractured her right ankle. Plaintiff suffered many complications from the fall, eventually withdrawing from UT for the semester and moving to a single-level home with her family, and having surgery more than a year and a half after the fall.
Plaintiff brought this negligence action against defendant, asserting in her original complaint that the driver “had acted negligently in dropping [plaintiff] off at the side entrance to Dunford Hall, which [she] asserted was ‘an inappropriate and unreasonably dangerous location,’ rather than at the building’s main entrance.” After discovery, during which defendant produced a low-quality video of the incident taken from inside the bus, plaintiff amended her complaint to also allege that the driver negligently caused her to fall “by moving the bus forward as she was exiting the bus onto the pavement.”
During the trial, evidence was presented regarding both negligence theories. On her theory that she was dropped off in an unsafe area, plaintiff “testified that the main entrance was the safer of the two locations for mobility impaired students because the area around it was flat and clear, while the area around the side entrance was inclined and surrounded by landscaping.” Plaintiff alleged that debris could wash down onto the side entrance, but admitted on cross-examination that she did not step on any debris when she fell.