DENNIS TURNER ET AL. v. CITY OF BEAN STATION ET AL. - Articles

All Content


Posted by: Brittany Sims on Dec 30, 2014

Court: TN Court of Appeals

Attorneys 1:

Nathan D. Rowell and Brian R. Bibb, Knoxville, Tennessee, for the appellant, City of Bean Station.

Attorneys 2:

No appearance by or on behalf of the appellees, Dennis Turner and Rita Turner.

Judge(s): SUSANO

Dennis Turner was injured while playing softball in a charity tournament at Marvin Rich Field in Bean Station. He sued the City of Bean Station, among other defendants, alleging that the City negligently failed to properly maintain the pitcher’s mound, pitcher’s rubber, and the field as a whole, resulting in his injury. The City moved for summary judgment, arguing that its governmental immunity is not removed by the Governmental Tort Liability Act (GTLA), which removes immunity for “any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement owned and controlled by [a] governmental entity.” Tenn. Code Ann. § 29-20-204(a)(2012) (emphasis added). The City presented proof establishing that it does not own Marvin Rich Field. The trial court denied the motion but granted permission for an interlocutory appeal. We reverse the trial court’s judgment and grant the City’s motion for summary judgment.

Attachments: