By The Law Offices of John Day, P.C. on Jan 26, 2024 05:56 am
Where claimant tripped on a laptop cord while participating in a class activity, but she had no evidence showing how long the cord had been there or who put the cord there, the Claims Commission’s finding that the professor of the class was not negligent was affirmed. In Bryant v. State, No. W2022-00968-COA-R3-CV (Tenn. Ct. App. Nov. 14, 2023), claimant was a student in an occupational therapy class at the University of Tennessee Health Science Center. During one class, the teacher set up an activity which required the students to walk to different areas of the room to fill out papers. The professor testified that she checked the area for hazards while setting up the activity and that she asked all the students to move their personal belongings so that they would not be in the way. The professor further stated that both before and during the activity, she did not see a cord in the floor. The evidence showed that the other students in the class had already walked in the area of the fall without issue. In addition, the professor had done this activity three other times and never had an issue. Claimant testified that she did not see the cord before she fell, but instead saw it several minutes after she fell. Some of her deposition testimony conflicted slightly with her trial testimony, but she testified that no other classmates reported that they had seen the cord or had an issue with the cord.
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