Tuesday, February 23, 2010

Court reviews finding of comparative fault in premises liability case.

WILLIAM W. REED v. BILL MCDANIEL and AHMAD ELSEBAE (Tenn. Ct. App. February 23, 2010)

This is a premises liability case. Plaintiff/Appellant sustained injuries after a fall through the second-story floor of a water-damaged building. The trial court granted summary judgment in favor of the Defendants/Appellees, finding that the danger was open and obvious, that Defendants/Appellees had warned of the danger, and that Plaintiff/Appellant was at least 50% at fault for his own injuries, thus negating his negligence claim under McIntyre v. Balentine, 833 S.W.2d 52 (Tenn.1992). Finding no error, we affirm.

Opinion may be found at:

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