DEBORAH R. SMITH v. JOHN P. STANLEY, ET AL. - Articles

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Posted by: Tanja Trezise on May 12, 2014

Court: TN Court of Appeals

Attorneys 1:

Richard E. Collins, Knoxville, Tennessee, for the appellant, Deborah R. Smith.

Attorneys 2:

Dallas T. Reynolds, III, Knoxville, Tennessee, for the appellees, John P. Stanley and Dinah Stanley.

Judge(s): SWINEY

Deborah R. Smith (“Plaintiff”) sued John P. Stanley and Dinah Stanley (“Defendants”) with regard to injuries Plaintiff suffered when she fell down stairs while visiting a cabin (“the Cabin”) owned by Defendants. Defendants filed a motion for summary judgment. After a hearing, the Circuit Court for Sevier County (“the Trial Court”) granted Defendants summary judgment after finding and holding that Defendants owed no duty to Plaintiff. Plaintiff appeals the grant of summary judgment. We find and hold, as did the Trial Court, that there are no genuine disputed issues of material fact, and that Defendants have shown that Plaintiff cannot establish an essential element of her claim, specifically duty. We, therefore, affirm the grant of summary judgment.

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