M.H.L. ET AL. v. BOYS AND GIRLS CLUB OF GREATER KINGSPORT, INC. ET AL. - Articles

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Posted by: Landry Butler on Apr 24, 2017

Court: TN Court of Appeals

Attorneys 1:

Thomas C. Jessee, Johnson City, Tennessee, for the appellants.

Attorneys 2:

Steven C. Rose, Kingsport, Tennessee, for the appellee, City of Kingsport, Tennessee.

Judge(s): FRIERSON

The plaintiffs, Michael Lambert and Pamela Lambert, on behalf of themselves and their minor child, M.H.L. (collectively, “Plaintiffs”), seek to appeal from an order granting summary judgment in favor of the defendant, City of Kingsport, Tennessee (“the City”), on Plaintiffs’ claims against the City in this negligence case arising out of injuries sustained by the minor plaintiff while participating in a youth basketball program. In their complaint, Plaintiffs asserted claims against not only the City, the entity who ran the youth basketball program, but also against the defendant, Boys and Girls Club of Greater Kingsport, Inc. (“the Boys and Girls Club”), which owned and managed the property used by the youth basketball program. The order from which Plaintiffs seek to appeal resolves only the claim against the City, leaving unresolved the claim against the Boys and Girls Club. As a result, we lack jurisdiction to consider this appeal. The appeal is dismissed without prejudice to the filing of a new appeal once a final judgment has been entered.