A restaurant did not have a duty to clear ice and snow from its steps while a winter storm was ongoing. In Broyles v. Herrin, No. M2024-00592-COA-R3-CV (Tenn. Ct. App. July 24, 2025), the plaintiff visited defendant restaurant during a winter storm. Snow and ice had been falling for approximately…
The defendant city was immune from suit under the Tennessee Recreational Use Statute for the plaintiff’s personal injuries incurred while he was playing golf on a city golf course. In Bates v. City of Chattanooga, No. E2024-00857-COA-R3-CV (Tenn. Ct. App. June 4, 2025), the plaintiff fell down steps while playing…
Where a premises liability plaintiff had no proof that a bench outside defendant restaurant was dangerous or defective, summary judgment for the defendant was affirmed. In Ellis v. Snookums Steakhouse, LLC, No. W2024-01165-COA-R3-CV (Tenn. Ct. App. Mar. 11, 2025), the plaintiff ate at defendant restaurant before walking outside. When the…
The Tennessee Supreme Court recently affirmed a premises liability judgment for the plaintiff based on an apartment complex failing to maintain a pedestrian bridge properly. In Trentham v. Mid-America Apartments, LP, No. M2021-01511-SC-R11-CV, — S.W.3d — (Tenn. Jan. 8, 2025), the plaintiff was a tenant in the defendant’s apartment building.…
Where the decedent was an independent contractor who died when a lifting mechanism in the factory failed, there were questions of fact regarding whether the defendant company owed a duty to the decedent, so summary judgment for the defendant company was reversed. In Lowe v. Bridgestone Americas Tire Operations, LLC,…
Where decedent was killed in a car accident that occurred when a driver on a city-controlled street was turning into defendant truck stop, the truck stop did not owe a duty of care to the decedent. In Mershon v. HPT TA Properties Trust, No. M2023-01334-COA-R3-CV (Tenn. Ct. App. Oct. 11,…
Summary judgment for a landlord in a premises liability suit was reversed where the landlord had not installed a stair rail (also known as a handrail) up to code. In Franz v. Funes, No. E2023-01256-COA-R3-CV (Tenn. Ct. App. Sept. 30, 2024), plaintiff leased a residential property from defendant, who owned…
A premises liability plaintiff who had no evidence that defendant construction company controlled the area where she fell did not survive summary judgment. In Brooks v. Whaley Construction, LLC, No. E2023-00711-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff walked in a grass median after having car trouble. While walking, he…
Where a premises liability plaintiff admitted that she had no evidence regarding how a hole was created, how long it had existed, or that any other person had fallen into it, summary judgment for defendant was affirmed. In Halterman-Scott v. Tennessee Society of Certified Public Accountants, No. M2024-00373-COA-R3-CV (Tenn. Ct.…
After slipping and falling in a retail store, plaintiff had evidence that the store was aware of the spill with enough time to address or warn about it. Summary judgment for the store was therefore reversed. In Alcantar v. Dolgencorp, LLC, No. M2023-01143-COA-R3-CV (Tenn. Ct. App. Sept. 6, 2023), plaintiff…