Court reviews whether defendant owed a legal duty to a plaintiff in a premises liability case

MARGARET A. NORFLEET v. PULTE HOMES TENNESSEE LIMITED PARTNERSHIP (Tenn. Ct. App. November 10, 2011)

While touring a model home in a new residential home development, the plaintiff fell when she failed to see a four-inch step as she walked from the foyer into the sunken living room. This premises liability action followed. The defendant constructed, owned, and managed the model home in which the plaintiff fell. Upon motion of the defendant, the trial court summarily dismissed the complaint upon two findings: that the defendant did not owe a legal duty to the plaintiff and that the plaintiff was more than fifty percent at fault. We affirm upon the finding that the plaintiff cannot establish that a duty was owed to her by the defendant.

Full opinion is available here:
http://www.tba2.org/tba_files/TCA/2011/norfleetm_111011.pdf

Court Reviews Whether Plaintiff Established the Elements of her Medical Malpractice Claim

EDNA N. ZULUETA v. WINIFRED LASSITER, M.D., OF THE LASSITER CLINIC (Tenn. Ct. App. October 1, 2010)

Plaintiff appeals the summary dismissal of her medical malpractice complaint against Winifred Lassiter, M.D. Plaintiff alleges that Dr. Lassiter breached her duty of care by negligently performing a physical Fitness for Duty Examination. The trial court summarily dismissed the complaint finding that Plaintiff failed to establish the elements of her claim or show a genuine issue of material fact. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/zuluetae_100110.pdf