JOHN H. PACKARD, IV v. JONATHAN R. BENTLEY ET AL. - Articles

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JOHN H. PACKARD, IV v. JONATHAN R. BENTLEY ET AL.

Posted by: Tanja Trezise on Oct 23, 2023

Court: TN Court of Appeals

Attorneys 1: Sidney W. Gilreath and Cary L. Bauer, Knoxville, Tennessee, for the appellant, John H. Packard, IV.

Attorneys 2: Benjamin K. Lauderback, Knoxville, Tennessee, for the appellee, City of Gatlinburg.

Judge(s): DAVIS

The plaintiff, John H. Packard, IV (“Plaintiff”) was struck by a vehicle driven by Jonathan R. Bentley while Plaintiff attempted to walk across a roadway in Gatlinburg, Tennessee. Plaintiff brought a suit arising in negligence against a number of parties, including the City of Gatlinburg (“City”). As to City, Plaintiff alleged that it created an unreasonably dangerous risk of harm to pedestrians attempting to use the crosswalk because it failed to inspect and maintain LED lights it had previously installed on a nearby crosswalk sign. The Circuit Court for Sevier County (“trial court”) granted summary judgment in favor of City, finding that City negated an essential element of Plaintiff’s claim, that City was entitled to immunity pursuant to the Tennessee Governmental Tort Liability Act (“GTLA”), Tennessee Code Annotated section 29-20-101 et seq., and that City was also immune pursuant to the public duty doctrine. Finding no error, we affirm the judgment of the trial court.

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