CAREY P. MERRELL v. THE CITY OF MEMPHIS, TENNESSEE - Articles

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Posted by: Tanja Trezise on Jan 16, 2014

Court: TN Court of Appeals

Attorneys 1:

David A. McLaughlin and William T. Hackett, Memphis, Tennessee, for the appellant, Carey P. Merrell.

Attorneys 2:

Robert W. Ratton, III, and Roane Waring, III, Memphis, Tennessee, for the appellee, The City of Memphis, Tennessee.

Judge(s): STAFFORD

This is a Governmental Tort Liability action. Plaintiff/Appellant was injured when his motorcycle hit a pothole. Appellant sued the Appellee The City of Memphis for negligence. Following a bench trial, the trial court found that Appellant had failed to prove that the City had actual or constructive notice of the dangerous condition on its roadway so as to lift immunity under Tennessee Code Annotated §29-20-203(b). Accordingly, the court dismissed the lawsuit. We conclude that the evidence does not preponderate against the trial court’s finding that the City had no notice of this dangerous condition. Affirmed and remanded.

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