Grant of Summary Judgment Reversed on Appeal Because the Issue It Was Based on Was Not Raised in the Motion

The Tennessee Court of Appeals has released its opinion in Bakker v. Chattanooga-Hamilton County Hospital Authority, No. E2022-00872-COA-R3-CV (Tenn. Ct. App. Mar. 5, 2024). The syllabus from the slip opinion reads: 

The trial court granted summary judgment in favor of the defendant hospital in this premises liability case, finding that the defendant had no notice of the alleged dangerous or defective condition on its premises. The plaintiff has appealed. Following our review, we determine that the plaintiff was not provided notice and a reasonable opportunity to respond to all issues to be considered by the trial court at the summary judgment stage. Accordingly, we vacate the trial court's grant of summary judgment.

Here is the link to the opinion: 

Bakker, M.D. v. Chattanooga Hamilton Hospital Authority.pdf (tncourts.gov)

NOTE: This is an excellent opinion that addresses when a trial court grants summary judgment on an issue not raised in the motion seeking same and why that is error. This is a must-read opinin for any lawyer who handles civil actions in Tennessee state courts.