New Decision from the Tennessee Court of Appeals on Premises Liability: Summary Judgment for Defendant Reversed on Appeal

The Tennessee Court of Appeals released its decision today in Vaughn v. DMC-Memphis, LLC, No. W2019-00886-COA-R3-CV (Tenn. Ct. App. Jan. 27, 2021).  The syllabus from the slip opinion reads:

Plaintiff filed a claim in general sessions court for injuries she allegedly received when she fell in standing water on the defendant’s premises. Judgment was rendered in favor of the defendant, and the plaintiff appealed to circuit court. The defendant then filed a motion for summary judgment arguing that it owed no duty to the plaintiff and that she was at least 50% at fault for her injuries. In support, the defendant relied on plaintiff’s testimony from the trial in general sessions court. The circuit court granted the motion for summary judgment, and plaintiff again appealed. We vacate the judgment of the trial court.

Here is a link to the slip opinion:

http://www.tncourts.gov/sites/default/files/vaughntopn_1.pdf

NOTE: This case is a premises liability case.  This decision offers an excellent analysis of Tennessee law on the element of duty in a negligence action and the affirmative defense of a plaintiff’s comparative fault.  It is worth the read in my humble opinion.