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Wednesday, January 13, 2010

Negligence: Summary Judgment Upheld on Appeal Via a Duty Analysis

The Court of Appeals issued its opinion in Greene v. Titi, No. M2008-02788-COA-R3-CV (Tenn. Ct. App. Jan. 11, 2010). This case dealt with negligent security at a night club. The Court of Appeals held, inter alia, that the security company owed no duty to the plaintiff, which was fatal to the plaintiff's claim. Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/A01/Corey%20Greene%20v%20Yaseen%20Kamleh%20Titi%20dba%20Crush%20OPN.pdf

Judge Swiney concurred in the result but disagreed with the majority as to whether a duty was in fact owed to the plaintiff. Here's a link to that opinion:


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