Court reviews whether the city of Murfreesboro had notice of unsafe road conditions based on records of previous accidents

JENNIFER BIVINS, as next of kin and natural parent of BRANDON BIVINS, deceased v. CITY OF MURFREESBORO (Tenn. Ct. App. December 29, 2011)

Plaintiff filed an action against the City of Murfreesboro pursuant to the Governmental Tort Liability Act, claiming a dangerous and unsafe roadway caused an automobile accident in which her son was killed. The trial court determined the City had no notice of an unsafe or dangerous condition, and entered judgment in favor of the City.

Upon appeal, we reversed on the issue of notice, holding that previous accidents on adjacent areas of the roadway provided sufficient notice to the City of a potentially dangerous condition. Upon remand, the trial court entered judgment in favor of Plaintiff, and assessed 60% fault to the City. We vacate and remand for further findings consistent with Rule 52 of the Tennessee Rules of Civil Procedure.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/bivinsj_122911.pdf

Court reviews whether defendant City had notice of an unsafe road condition in an automobile accident case

JENNIFER BIVINS ET AL. v. CITY OF MURFREESBORO (Tenn. Ct. App. July 12, 2010)

Brandon Bivins died in an automobile accident on South Rutherford Boulevard in Murfreesboro. His mother sued the city, claiming that the road was unsafe or dangerous and that the city had notice of the condition of the road. The trial court held that the city did not have notice of an unsafe or dangerous condition at the spot of the accident. Because the city had notice of prior accidents along that segment of the road and had a consultant's report stating that the road did not meet design guidelines, we reverse the trial court and remand for a determination of whether the road was unsafe or dangerous.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/bivinsj_071210.pdf