SANDRA GIBSON v. YOUNG MEN’S CHRISTIAN ASSOCIATION OF MIDDLE TENNESSEE - Articles

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Posted by: Amelia Ferrell Knisely on May 17, 2016

Court: TN Court of Appeals

Attorneys 1:

Brian Walthart and Richard Charles Mangelsdorf, Jr., Nashville, Tennessee, for the appellant, Young Men’s Christian Association of Middle Tennessee.

Attorneys 2:

Robert John Foy, Murfreesboro, Tennessee, for the appellee, Sandra Gibson.

Judge(s): GIBSON

This is an appeal from an order denying summary judgment. The appellee signed a YMCA membership application and release agreement prior to tripping and falling on a sidewalk in front of the YMCA. The appellee filed suit, alleging negligence. The YMCA then filed a motion for summary judgment, claiming that the appellee expressly assumed the risk of her injuries. The trial court denied the YMCA’s motion for summary judgment but granted a motion for interlocutory appeal. We reverse the trial court’s order denying summary judgment and remand with instructions to enter summary judgment.