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Friday, November 25, 2011

New Case on the Element of Duty in a Negligence Case

The Middle Section of the Tennessee Court of Appeals recently issued its opinion in Norfleet v. Pulte Homes Tenn. Ltd. P'ship., No. M2011-01362-COA-R3-CV (Tenn. Ct. App. Nov. 9, 2011). The summary of the opinion is as follows:

While touring a model home in a new residential home development, the plaintiff fell when she failed to see a four-inch step as she walked from the foyer into the sunken living room. This premises liability action followed. The defendant constructed, owned, and managed the model home in which the plaintiff fell. Upon motion of the defendant, the trial court summarily dismissed the complaint upon two findings: that the defendant did not owe a legal duty to the plaintiff and that the plaintiff was more than fifty percent at fault. We affirm upon the finding that the plaintiff cannot establish that a duty was owed to her by the defendant.
Here's a link to the opinion:

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