Summary Judgment for One Defendant Reversed on Appeal Because a Duty Existed Due to Pigs Running at Large

The Tennessee Court of Appeals has released its decision in Cook v. Fuqua, No. M2021-00107-COA-R3-CV (Tenn. Ct. App. Jan. 27, 2022). The syllabus from the slip opinion reads:

A woman sued a homeowner for negligence due to injuries she sustained when a potbellied pig maintained on the homeowner’s property jumped on her and knocked her off of the homeowner’s front porch. The homeowner filed a motion for summary judgment arguing that he did not owe the woman a duty of reasonable care because she was a trespasser. The trial court granted the motion for summary judgment, and the woman appealed. Determining that genuine issues of material fact still exist because the homeowner failed to establish that the woman was a trespasser, we reverse the trial court’s judgment.

Here is a link to the opinion:

https://www.tncourts.gov/sites/default/files/eltricia.cook_.opn_.pdf. 

NOTE: This is a very good read for anyone interested in the elements of negligence and summary judgment practice.