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Posted by: Stacey Shrader Joslin on Aug 8, 2016

Court: TN Court of Appeals

Attorneys 1:

Byron K. Lindberg, Nashville, Tennessee, for the appellant, Knoxville Area Transit, Inc.

Attorneys 2:

John Chapman Duffy, Knoxville, Tennessee, for the appellees, Amanda Peters-Asbury and William Bradley Asbury.

Judge(s): GOLDIN

This is a Governmental Tort Liability Act (GTLA) case involving a plaintiff who fractured her ankle when she fell exiting a bus owned and operated by the defendant. The plaintiff filed this lawsuit alleging that the defendant negligently caused her fall by dropping her off in a dangerous location and/or causing the bus to move as she exited. Following a non-jury trial, the trial court found that the defendant did not negligently drop the plaintiff off in an unsafe location but did negligently cause the bus to move as she exited. The trial court assessed liability against the defendant and awarded the plaintiff $101,969.30 in damages. The defendant timely appealed. Having thoroughly reviewed the record, we hold that the evidence adduced at trial does not support the trial court’s finding that the bus was moving as the plaintiff exited. We therefore reverse the judgment of the trial court.