KIMBERLY URBAN v. ROBIN NICHOLS, individually and d/b/a WILLOW BROOK LODGE - Articles

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Posted by: Stacey Shrader Joslin on Sep 4, 2015

Court: TN Court of Appeals

Attorneys 1:

Travis D. McCarter, Sevierville, Tennessee, for the appellant, Kimberly Urban.

Attorneys 2:

Joshua M. Ball and Mabern E. Wall, Knoxville, Tennessee, for the appellees, Robin Nichols and Willow Brook Lodge, LLC.

Judge(s): MCCLARTY

This is a negligence action. The plaintiff sustained injuries to her foot and heel while attempting to use a water slide on the defendants’ property. The plaintiff filed suit against the defendants exactly one year after her injury. The complaint, filed against “Robin Nichols and Willow Brook Lodge,” failed to include the proper name of the company, which is “Accommodations by Willow Brook Lodge, LLC.” Approximately fifteen days after filing the complaint, instead of serving Robin Nichols, the plaintiff served her son, Grant Nichols. The defendants’ answer made the errors known, but the plaintiff’s counsel was dilatory in filing a motion to amend. Upon the defendants filing a motion for summary judgment claiming that the suit was barred by the statute of limitations, the trial court granted the motion. We affirm the decision of the trial court.