The Tennessee Court of Appeals reversed a grant of summary judgment in negligence case where plaintiff testified that she was paying attention and evidence presented did not depict scene from plaintiff’s perspective.
In Walden v. Central Parking System of Tennessee, Inc., No. E2014-00939-COA-R3-CV (Tenn. Ct. App. April 27, 2015), plaintiff sued defendants for negligence after falling in a parking garage. According to plaintiff, she was leaving a doctor’s appointment and walking toward her car when she fell because she did not see a step down from the curb/lobby area to the garage floor. Plaintiff testified in her deposition that she was looking down, paying attention, was not distracted, and that everything looked gray and she did not see any yellow or any other reason to notice that there was a step down. Instead, plaintiff testified that from where she was walking, everything looked the same.
Defendants moved for summary judgment, submitting photographs of the place where plaintiff fell as evidence. These photos showed yellow striping on the curb and in the “no parking area immediately in front of the curb.” Defendants admitted, however, that these photographs were taken “from an angle and viewpoint different from the one Plaintiff would have had as she was walking toward her vehicle.” The trial court granted summary judgment to defendants, finding that there no genuine issue of fact, that there was no fault on the part of defendants, and that the accident occurred “due to [plaintiff’s] own failure to observe the open and obvious condition of the premises that was there to be seen.” The Court of Appeals reversed.