Summary Judgment for the Defense Affirmed on Appeal: Trial Court's Determination that No Duty of Care Existed Stands

The Tennessee Court of Appeals has issued its decision in Tino v. Walker, No. M2021-01230-COA-R3-CV (Tenn. Ct. App. July 18, 2022). The syllabus from the slip opinion reads:

In this premises liability case, the plaintiff appeals the trial court’s order granting the defendants’ motion for summary judgment and dismissing the plaintiff’s complaint with prejudice. The plaintiff contends that the trial court erred by determining that the divot in the brick step that caused her to trip and fall amounted to a minor aberration and that, as a result, the defendants did not owe her a duty of care. Discerning no reversible error, we affirm.

Here is a link to the opinion:

https://www.tncourts.gov/sites/default/files/kathy.tino_.opn_.pdf.

NOTE: This opinion does a good job setting forth the current state of summary judgment jurisprudence in Tennessee as well as the law on duty of care in a premises liability case. I would submit that this is a must-read decision for any lawyer handling premises liability cases in Tennessee.