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Wednesday, May 31, 2023

Trial Court's Finding of No Fault by Governmental Entity Upheld on Appeal

The Tennessee Court of Appeals has released its opinion in Ware v. Metro Water Services, No. M2022-01114-COA-R3-CV (Tenn. Ct. App. May 30, 2021). The syllabus from the slip opinion reads:

Plaintiff sued for personal injuries under the Tennessee Governmental Tort Liability Act, alleging she had experienced a fall due to an unsecure water meter valve cover located in her sister’s yard. Following a bench trial, the trial court entered an order finding that Plaintiff had not met her burden of proof. Although Plaintiff appeals the dismissal of her case, we affirm the trial court’s judgment.

Here is a link to the opinion: Majority Opinion M2022-01114-COA-R3-CV.pdf (tncourts.gov).

NOTE: This opinion offers a good discussion of circumstantial evidence, which makes it worth reading. Good stuff. 

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