In Matherne v. West, No. E2015-02061-COA-R3-CV (Tenn. Ct. App. Oct. 28, 2016), the Tennessee Court of Appeals overturned summary judgment in a premises liability case notwithstanding a claimed “open and obvious” danger.
Plaintiff’s family was renting a cabin in the mountains from defendants. The pictures online showed that the cabin had two parking spaces, one being elevated several feet along a slope from the other. A safety rail went around a portion of the upper parking space but did not cover the entire drop-off area. On plaintiff’s second day at the cabin, she was stepping out of her vehicle after buckling her daughter into a the car when her first foot landed on the concrete but her second foot did not, causing her to fall onto the lower parking area and injure her arm.
Plaintiff filed suit, and defendants moved for summary judgment, which the trial court granted. In its findings of fact, the trial court noted that plaintiff had seen the two separate parking levels and knew about them; that she saw that the rail covered only a portion of the upper space; that she had told the children in her family not to play on the upper parking space, as they could fall and be injured, and had asked her husband to park on that space to prevent the children from playing there; that it was light when she fell; that nothing prevented her from having someone back the car off the parking space before entering it; that the parked car was approximately three to three and a half feet from the edge of the drop-off; and that there was sufficient room for her to get into and out of the car without falling. The trial court concluded that “plaintiff had absolute and actual knowledge of the potentially dangerous condition,” that the condition was “open and obvious,” and that plaintiff “was at least 50% at fault for her fall and any injuries allegedly sustained therefrom.”
On appeal, the Court overturned the trial court, reversing the grant of summary judgment. The Court quoted extensively from several Supreme Court decisions, noting that “an owner…of premises has a duty to exercise reasonable care with regard to…business invitees on the premises,” and that a Supreme Court decision “held that a duty may exist even where the injury-causing condition is alleged to be ‘open and obvious’ to the plaintiff.” (quoting Rice v. Sabir, 979 S.W.2d 305 (Tenn. 1998)). In Coln v. City of Savannah, 966 S.W.2d 34 (Tenn. 1998), the Supreme Court stated: