Search This Blog

Saturday, February 28, 2009

New Premises Liability Case

The Middle Section of the Tennessee Court of Appeals just issued its opinion in Freemon v. Logan's Roadhouse, Inc., No. M2007-01796-COA-R3-CV (Tenn. Ct. App. Feb. 25, 2009).

The opinion does a great job of explaining (1) the proper standard for granting summary judgment after Hannan and Martin; (2) when a duty arises in the context of a premises liability case; and (3) determining if a plaintiff's degree of negligence is, as a matter of law, greater than that of a defendant (which would prevent a plaintiff from recovering under out system of modified comparative fault).

Here's the link to the slip opinion:

No comments: