Torts: Summary Judgment for Defendant Reversed

The Eastern Section of the Tennessee Court of Appeals issued its opinion in Phillips v. Mullins, No. E2009-01930-COA-R3-CV (Tenn. Ct. App. Apr. 26, 2010). The trial court granted the defendant's motion for summary judgment; the Court of Appeals reversed, finding the genuine issues of material fact existed.

I agree with the Court of Appeals one-hundred percent. In my humble opinion, the trial court misapplied the standard of review that is required to be applied in determining whether or not to grant a motion for summary judgment. We must remember that the right to a trial by jury remains inviolate and that genuine issues of material fact must be decided by juries (assuming one is properly requested by the parties, of course).

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/102/Danny%20J%20Phillips%20v%20Wm%20T%20Mullins%20OPN.pdf