KENNETH KUHN, et al v. PAM PANTER dba VALLEY MINI STORAGE - Articles

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KENNETH KUHN, et al v. PAM PANTER dba VALLEY MINI STORAGE

Posted by: Chandra Williams on Nov 30, 2015

Court: TN Court of Appeals

Attorneys 1:

Norris A. Kessler, Winchester, Tennessee, for the appellant, Valley Mini Storage.

Attorneys 2:

Gerald L. Ewell, Tullahoma, Tennessee, for the appellees, Kenneth Kuhn and Teresa Kuhn.

Judge(s): ARMSTRONG

This is negligence case. Appellees rented a storage unit from Appellant. The storage unit flooded, and the flooding destroyed Appellees’ personal property. Appellees filed suit against Appellant in general sessions court, claiming negligence and gross negligence. Appellees prevailed in general sessions court, and Appellant appealed the case to the trial court. After a bench trial, the trial court found the exculpatory clause in the parties’ rental agreement was void. The trial court also found that the Appellant’s rental of the unit to the Appellees, despite its knowledge of the obvious condition of flooding and advertising its units as dry, constituted gross negligence. We affirm.

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