Where defendant introduced no material evidence at trial to support a finding that plaintiff was 77% at fault for a fall cased by a faulty automatic door, the jury’s verdict was vacated. In Gilmore v. NOL, LLC A/K/A Premier Radiology, No. M2019-01308-COA-R3-CV (Tenn. Ct. App. May 27, 2020), plaintiff* was…
Where a premises liability plaintiff produced photographs showing possibly damp conditions around a gas pump where she fell, testified that the EMTs who arrived to help her slipped, and relied on an incident report stating that the store was “not for sure if it was slick from oil or gas,”…
Where a grocery store lessee was not responsible for maintaining its parking lot under its lease, but it had repeatedly exercised control over the parking lot area where plaintiff fell, the Court of Appeals found that it had “assumed a duty to maintain the parking lot[.]” In Jones v. Earth…
Where plaintiff alleged that a magazine stand at a grocery store checkout was a dangerous condition, but she had no evidence regarding how long the condition had existed and no proof that the magazine stand had caused any other falls, summary judgment for defendant was affirmed. In Lyon v. Castle…
Where a tenant brought a premises liability claim against a landlord based on a loose piece of wood at the top of stairs inside an apartment, but the evidence showed that the tenant and landlord walked through the apartment before the lease began and neither noticed the allegedly dangerous condition…
Where an independent contractor working at a convenience store had been told that the store had been robbed before, neither the landlord nor the operator of the store were liable when he was injured in an armed robbery. In Priestas v. Kia Properties, LLC, NO. W.2019-00728-COA-R3-CV (Tenn. Ct. App. Dec.…
Where plaintiff brought suit against a trucking company based on injuries he received while operating a forklift inside a trailer at the distribution center at which he was employed, summary judgment was appropriate where the defendant trucking company produced records showing that the truck plaintiff was injured in did not…
Where a plaintiff fell down stairs but could not identify what caused his fall, summary judgment should have been granted in a premises liability case. In Cartee v. Morris, No. M2018-02272-COA-R9-CV (Tenn. Ct. App. Sept. 6, 2019), plaintiff worked for defendant, and part of his job entailed delivering checks to…
Where plaintiff was hit by a vehicle exiting a restaurant driveway, and the driveway conformed to all regulations and there had been no previous accidents at the site, the landowner, Premises liability defendants had no duty where driveway complied with all regulations. owner, and franchisee owed no duty to plaintiff.…
Where the evidence suggested that a small amount of clear liquid had been on the floor of a grocery store for just a short time, summary judgment for defendant in a Tennessee premises liability case was affirmed. In Jones v. Publix Supermarket, Inc., No. M2018-01672-COA-R3-CV (Tenn. Ct. App. June 7,…