Hale v. Ostrow

166 S.W.3d 713 (Tenn. 2005)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was using the sidewalk and noticed that it was blocked. Bushes protruding from D's had overgrown the sidewalk and had grown around a telephone pole located on the sidewalk, blocking the way. P had to leave the sidewalk and enter the street in order to bypass the obstruction. The sidewalk was crumbled. P tripped over a chunk of concrete and fell into the street. P's left hip was crushed in the fall, and she required extensive medical care. D's property was a vacant lot. The crumbled sidewalk and the spot where P fell were located in front of another property. That property was not owned by D. P sued on premises liability and public nuisance. D moved for summary judgment; a property owner owes no duty of care to a person injured on another's property. Further, P's injury was caused by the defective sidewalk, not by the overgrown bushes. The trial court granted summary judgment. The Appeals Court affirmed.