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Monday, June 22, 2020

New Premises Liability Case: Jury Verdict for Plaintiff Overturned on Appeal Due to the Lack of Material Evidence to Support Liability of One of the Defendants

The Tennessee Court of Appeals released its opinion today in Day v. Beaver Hollow, L.P., No. E2019-01266-COA-R3-CV (Tenn. Ct. App. June 22, 2020).  The syllabus from the slip opinion reads:
This appeal concerns a jury verdict in a slip and fall case. Geneva Jessica Day (“Plaintiff”), a resident of Beaver Hollow Apartments (“the Apartments”), sued Beaver Hollow L.P. (“BHLP”), which owned the Apartments, as well as Olympia Management, Inc. (“Olympia”) (“Defendants,” collectively), the entity BHLP contracted with to manage the Apartments, in the Circuit Court for Washington County (“the Trial Court”). Plaintiff was injured when she slipped on ice and snow in the Apartments’ parking lot. The jury allocated 49% of the fault to Plaintiff, 50% to Olympia, and 1% to BHLP. Defendants appeal. Defendants argue, among other things, that no material evidence supports the jury’s allocation of fault to BHLP. After a careful review of the record, we find no material evidence to support the jury’s verdict regarding BHLP, which exercised no actual control of the premises whatsoever. The Trial Court erred in denying Defendants’ motion for a directed verdict with respect to BHLP. As we may not reallocate fault, we vacate the judgment of the Trial Court, and remand for a new trial.
Here is a link to the slip opinion: 

NOTE: This is a rare case where a jury verdict is overturned due to a lack of material evidence, which is very rare.  A must read for any lawyer who tries cases in Tennessee state courts.  

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