Summary Judgment for Defense Reversed on Appeal in Premises Liability (Wrongful Death) Case on the Issue of Duty, Etc.

The Tennessee Court of Appeals has released its decision in Estate of Smith v. Highland Cove Apartments, M2021-01215-COA-R3-CV (Tenn. Ct. App. Jan. 30, 2023). The slip opinion reads:

This is negligence and wrongful death action brought be the decedent’s estate and the surviving spouse against the apartment complex owner and management company where the accident occurred. The decedent died from profound injuries he sustained when he fell while attempting to remove tree branches that blocked the only path his disabled stepson used for ingress and egress to his apartment. The complaint asserted claims for negligence based on premise liability, negligence per se, and wrongful death. Upon the motion of the defendants, the trial court summarily dismissed all claims based on the finding that the defendants did not owe the decedent a duty of care because the accident was not foreseeable. The court also dismissed the surviving spouse's independent claim for loss of consortium. Plaintiffs appealed. We find that sufficient facts exist from which a trier of fact could reach a different conclusion than that found by the trial judge on the issues of foreseeability and duty. Accordingly, we reserve the decision to dismiss the wrongful death claim. We nevertheless affirm the dismissal of the spouse’s independent claim for loss of consortium because it does not represent a claim for damages separate from the wrongful death action. Rather, “a claim for consortium. . .embodies one component of the decedent's pecuniary value of life.” Kline v. Eyrich, 69 S.W.3d 197, 207 (Tenn. 2002). Accordingly, the case is remanded to the trial court for further proceedings consistent with this opinion.

Here is a link to the slip opinion:

Majority Opinion 2021-1215-COA.pdf (tncourts.gov)

NOTE: This opinion offers up a good summary of the current state of Tennessee law on premises liability, summary judgment, and wrongful death. If you are a practitioner who has to deal with these areas of substantive law, then you need to read this opinion.