SANDRA BELLANTI and ALBERT BELLANTI v. CITY OF MEMPHIS - Articles

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Posted by: Tanja Trezise on Jun 4, 2012

Court: TN Court of Appeals

Attorneys 1:

J. Michael Fletcher, Memphis, Tennessee, for the appellant, City of Memphis

Attorneys 2:

Thomas E. Hansom, Leigh H. Thomas, Memphis, Tennessee, for the appellees, Sandra Bellanti and Albert Bellanti

Judge(s): HIGHERS

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.

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