Court of Appeals Opinions

Format: 08/27/2014
Format: 08/27/2014
03A01-9603-CV-00080
Authoring Judge:
Trial Court Judge:
Scott County Court of Appeals 11/22/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/21/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/21/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/21/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/20/96
01A01-9604-CH-00178
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/20/96
01A01-9602-CH-00086
Authoring Judge:
Trial Court Judge:
Davidson County Court of Appeals 11/20/96
01A01-9605-CV-00200
Authoring Judge:
Trial Court Judge: Marietta M. Shipley
Davidson County Court of Appeals 11/20/96
01A01-9603-CV-00108
Authoring Judge:
Trial Court Judge: Cornelia A. Clark
Williamson County Court of Appeals 11/20/96
02A01-9510-CV-00225
Authoring Judge:
Trial Court Judge: Wyeth Chandler
Shelby County Court of Appeals 11/19/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Roane County Court of Appeals 11/18/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/18/96
Linda Plunk v. National Health Investors
M1999-01596-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Robert L. Jones
This appeal involves a nursing home visitor who injured herself by stepping into a grassy depression in the building's landscaping. The visitor and her husband filed suit in the Circuit Court for Lawrence County alleging that the nursing home's owner had failed to maintain the premises in a reasonably safe condition. A jury apportioned sixty percent of the fault to the nursing home and forty percent to the visitor and awarded the visitor $40,000 for medical expenses and permanent impairment. Both parties filed post-trial motions after the trial court entered a $24,000 judgment for the visitor. The visitor and her husband sought a new trial or an additur because the jury had not awarded damages for pain and suffering. The nursing home filed a Tenn. R. Civ. P. 50.02 motion for a judgment in accordance with its motion for a directed verdict. The trial court denied the nursing home's motion and suggested a $5,000 additur. The nursing home accepted the additur, and both parties appealed. The visitor asserts that the trial court erred by failing to grant a new trial, and the nursing home asserts that the trial court erred by denying its Tenn. R. Civ. P. 50.02 motion. We have determined that the trial court erred by denying the nursing home's Tenn. R. Civ. P. 50.02 motion because it was not reasonably foreseeable that visitors would be walking on the grassy area where the plaintiff fell. Accordingly, we reverse the judgment.
Lawrence County Court of Appeals 11/17/96