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Wednesday, May 27, 2020

New Tennessee Premises Liability Case: Summary Judgment for the Defense Reversed Because Genuine Issues of Material Fact Exist; Spoliation of Evidence Discussed; Sanctions for Frivolous Appeal Denied

The Tennessee Court of Appeals released its opinion in Wilson v. Weigel Stores, Inc., No. E2019-00605-COA-R3-CV (Tenn. Ct. App. May 19, 2020).  The syllabus from the slip opinion reads:
This is a premises liability action in which the plaintiff filed suit against the defendant convenience store for personal injuries resulting from her slip and fall near the gasoline pump. The trial court granted the defendant’s motion for summary judgment, holding that the plaintiff failed to establish that the defendant caused or created or should have discovered with reasonable diligence the condition that caused her fall. The plaintiff appeals. We reverse the trial court’s decision. We remand this case for proceedings consistent with this opinion. 
Here is a link to the slip opinion:

NOTE: The Court of Appeals did the right thing here; summary judgment should not have been granted under the facts of this case as they currently stand.  This case does a great job of describing the sjuumary judgment process in Tennessee.  It also offers a good discussion on spoliation of evidence.

Further, the appellee sought damages for a frivolous appeal.  Why, I do not know.  This was not a frivolous appeal by any stretch of the the imagination.  

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