TRENA WINKLER v. PINNACLE PROPERTIES I, LLC and ERSHIG PROPERTIES, INC. - Articles

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Posted by: Tanja Trezise on Jul 23, 2012

Court: TN Court of Appeals

Attorneys 1:

James Bryan Mosely, Nashville, Tennessee, for the appellant, Trena Winkler.

Attorneys 2:

Daniel H. Rader III, Cookeville, for the appellee, Pinnacle Properties I, LLC, and Ershig Properties, Inc.

Judge(s): CANTRELL

The plaintiff tripped and fell in a parking lot. She sued the owners, claiming that the step up from the parking lot to a ramp leading onto the sidewalk was a hidden danger because it was painted the same color as the top surface of the ramp. The court below granted the defendants a summary judgment, holding that the defendants had not violated any duty to the plaintiff and that the sole cause of the injury was the plaintiff’s inattention to the surroundings. After a review of the record, we hold that the defendants are not entitled to a judgment as a matter of law. We therefore reverse the lower court’s judgment and remand the cause for further proceedings.

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