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Thursday, May 19, 2016

Trial Court's Denial of Summary Judgment Reversed and Summary Judgment for Defendant Granted Due to Express Assumption of Risk

The Tennessee Court of Appeals recently released its opinion in Gibson v. Young Men's Christian Association of Middle Tennessee, No. M2015-01465-COA-R9-CV (Tenn. Ct. App. May 16, 2016).  The summary form the slip opinion states as follows:
This is an appeal from an order denying summary judgment. The appellee signed a YMCA membership application and release agreement prior to tripping and falling on a sidewalk in front of the YMCA. The appellee filed suit, alleging negligence. The YMCA then filed a motion for summary judgment, claiming that the appellee expressly assumed the risk of her injuries. The trial court denied the YMCA’s motion for summary judgment but granted a motion for interlocutory appeal. We reverse the trial court’s order denying summary judgment and remand with instructions to enter summary judgment.
Here is a link to the opinion:

NOTE: This opinion is a good reminder of how express assumption of risk might affect a tort case.