Court reviews a case against the city of Memphis involving the Public Duty Doctrine

SANDRA BELLANTI and ALBERT BELLANTI v. CITY OF MEMPHIS (Tenn. Ct. App. June 4, 2012)

Plaintiff was severely injured when a padlock, which was allegedly thrown from a City of Memphis mower, broke through her vehicle window. Plaintiff and her husband successfully sued the City. On appeal, the City argues, among other things, that the trial court erred in denying its motion to amend its answer to assert the affirmative defense of the Public Duty Doctrine.

Because the trial court’s order denying the City’s motion to amend fails to explain the basis for its denial, we are constrained to remand the case to the trial court for entry of a reasoned explanation of its actions regarding the City’s motion to amend its answer.

Opinion available at:
https://www.tba.org/sites/default/files/bellantis_060412.pdf