BONNIE SHAW v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE - Articles

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Posted by: Landry Butler on Dec 14, 2017

Court: TN Court of Appeals

Attorneys 1:

Rocky McElhaney and Hunter A. Higdon, Nashville, Tennessee, for the appellant, Bonnie Shaw.

Attorneys 2:

Jon Cooper, Andrew D. McClanahan, Christopher M. Lackey, and Jennifer Bonilla Moreno, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County, Tennessee.

Judge(s): FRIERSON

In this premises liability action, following the filing of a motion for summary judgment by the defendant, the plaintiff filed a motion seeking to amend her complaint to add a claim of negligence per se based on alleged building code violations attributed to the defendant’s maintenance of the premises at issue. The trial court failed to rule upon the pending motion to amend before granting summary judgment in favor of the defendant. The plaintiff timely appealed. Due to the trial court’s lack of proper consideration of the motion to amend, we conclude that summary judgment was improperly granted. We therefore vacate the grant of summary judgment in favor of the defendant and remand this matter to the trial court for consideration of the motion to amend and entry of an order presenting a reasoned explanation for the grant or denial of the sought amendment. Following such action regarding the motion to amend, the trial court may consider the motion for summary judgment.

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