SHIRLEY M. LURKS, ET AL. v. THE CITY OF NEWBERN, TENNESSEE, ET AL. - Articles

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Posted by: Landry Butler on Jan 26, 2017

Court: TN Court of Appeals

Attorneys 1:

Thomas H. Strawn, Dyersburg, Tennessee, for the appellants, Shirley M. Lurks and Joe E. Lurks.

Attorneys 2:

Michael R. Hill, Milan, Tennessee, for the appellee, The City of Newbern, Tennessee.

This is a premises liability case filed pursuant to the Tennessee Governmental Tort Liability Act. Appellant was walking down a sidewalk when she fell and sustained injuries. She and her husband brought suit alleging that she fell because the sidewalk was in a dangerous and defective condition due to the negligence of the City of Newbern. After a bench trial, the trial court found that the sidewalk in question was in a defective condition and that the upkeep of the sidewalk was the responsibility of the City of Newbern. However, the plaintiffs failed to provide any evidence that the sidewalk was the cause of the fall. The trial court issued a memorandum opinion and final judgment order dismissing the plaintiffs’ claims. We affirm.

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