Where a trial court granted defendant’s motion for summary judgment in a Tennessee premises liability case without considering plaintiff’s motion to amend her complaint, summary judgment was vacated.
In Shaw v. Metropolitan Government of Nashville and Davidson County, Tennessee, No. M2016-02455-COA-R3-CV (Tenn. Ct. App. Dec. 14, 2017), plaintiff was a school bus driver employed by defendant. While attending a mandatory training program in 2013, plaintiff had to park her bus then walk across a parking lot owned and maintained by defendant to get to a shuttle. While walking, plaintiff “tripped on a buckled and cracked portion of the pavement,” which was “purportedly the result of flooding that had occurred in Nashville in 2010.”
Plaintiff filed a premises liability complaint, alleging that defendant “breached its duty of care owed to her by failing to repair or warn her of this dangerous condition,” and asserting that “the parking lot existed in a state of disrepair and had been in such a state for a sufficient length of time that [defendant] knew or should have known of its dangerous condition.” Defendant filed a motion for summary judgment, and plaintiff thereafter filed a motion to amend her complaint and add allegations that defendant “had violated various applicable building codes by failing to properly maintain the lot at issue” and thus committed negligence per se. Plaintiff also filed an affidavit from an engineering expert regarding the alleged building code violations.