KRYSTAL CHOATE EX REL. CLAYTON C. V. VANDERBILT UNIVERSITY - Articles

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Posted by: Amelia Ferrell Knisely on Jan 26, 2016

Court: TN Court of Appeals

Attorneys 1:

Larry D. Ashworth and Chelsea B. Ashworth, Nashville, Tennessee, for the appellant, Krystal Choate.

Attorneys 2:

Steven E. Anderson, Sara F. Reynolds, and Sean C. Wlodarczyk, Nashville, Tennessee, for the appellee, Vanderbilt University.

Judge(s): MCBRAYER

A patient suffered a blunt-force trauma head injury when he fell while attempting to mount a wheelchair accessible scale at a dialysis clinic. Complications from this injury led to his death. Plaintiff, the patient’s former spouse, brought two wrongful death actions on behalf of the patient’s minor child. Each action eventually named as defendants the dialysis clinic and the owner of the property where the dialysis clinic was located. After the trial court consolidated the actions, the property owner filed a motion for summary judgment. The court granted the motion, concluding the property owner had no liability under any legal theory asserted by Plaintiff. We affirm the dismissal of the claims against the property owner.