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. The plaintiff often used a wooden pedestrian bridge when traveling to and from the apartment fitness center. On the day of the plaintiff’s injury, it had rained the night before and was possibly still drizzling. The plaintiff attempted to cross the bridge after his workout when he slipped and fell. The plaintiff described the slippery substance that caused his fall as “slimy but clear” and “obviously not just water.” The plaintiff could not get up, even with the assistance of a maintenance employee, so an ambulance was called. The plaintiff suffered significant injuries to his left quadriceps tendon. The plaintiff required two surgeries, neither of which was successful, and he was left with permanent disability from the incident.
The plaintiff filed a premises liability suit against the defendant apartment owner, and the trial court ruled in the plaintiff’s favor. At trial, the plaintiff offered his own testimony as well as that of an expert. The plaintiff’s expert testified that, because the bridge was built with treated lumber, it would become slick if it was not maintained. Representatives from the defendant testified that there had been no previous issue with the bridge and that the premises had been inspected six days earlier. These representatives also stated that the company policy was to pressure wash communal areas such as the bridge once a year, but that there was no evidence this bridge had been pressure washed in the year preceding the plaintiff’s fall. The trial court found that the plaintiff had proven his negligence case, but it did assign the plaintiff 15% of the fault for the incident. The trial court awarded the plaintiff over $2 million in damages.