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Posted by: Tanja Trezise on Apr 29, 2014

Court: TN Court of Appeals

Attorneys 1:

Carol Ann Barron, Dayton, Tennessee, for the appellant, Petros Goumas.

Attorneys 2:

Paul Campbell, III, Chattanooga, Tennessee, for the appellees, Jimmy Mayse and Barri Mayse.

Judge(s): SUSANO

The issue in this slip-and-fall premises liability case is whether the trial court correctly granted summary judgment to the defendants. Petros Goumas (“plaintiff”), the fiancé of the daughter of defendants Jimmy Mayse and wife, Barri Mayse, was staying at the defendants’ house for an extended visit. Plaintiff was working outside in the yard, helping to clear away dead brush and trees from the property, when he stepped on a rock, slipped, fell, and broke his arm. The trial court held that plaintiff presented no proof that the rock (1) was in any way unusual or posed any particular danger, (2) was hidden or concealed, or (3) created any kind of defective or dangerous condition. The court concluded that there was no proof of a known or foreseeable unreasonable risk of injury created by the condition of defendants’ property. Consequently, the court held, as a matter of law, that defendants owed no duty to plaintiff. He appeals. We affirm.