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Thursday, January 06, 2022

Summary Judgment for Defense in a Personal Injury Action Upheld on Appeal

The Tennessee Court of Appeals has released its opinion in Malone v. Viele, No. E2021-00637-COA-R3-CV (Tenn. Ct. App. Dec. 27, 2021). The syllabus from the slip opinion reads:  

This is a negligence case arising out of an injury suffered by the plaintiff when he fell off a ladder at the defendant’s cabin which was then under construction. The trial court granted the defendant’s motion for summary judgment, holding that there was no genuine issue as to any material fact and that the plaintiff’s evidence was insufficient to establish his claim. The plaintiff appeals. We conclude that there is no dispute of material fact and that summary judgment in favor of the defendant was properly granted. Accordingly, we affirm.

Here is a link to that opinion:

NOTE: This opinion offers up a good analysis of Tennessee summary judgment practice.  It is worth reading in my opinion.  

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