By The Law Offices of John Day, P.C. on Oct 28, 2024 05:57 am
Where the trial court found plaintiff credible, and defendant city presented no material countervailing evidence, a GTLA verdict for plaintiff was affirmed. In a memorandum opinion in Clay v. Memphis Sanitation Division, No. W2023-00519-COA-R3-CV (Tenn. Ct. App. Oct. 1, 2024) (memorandum opinion), plaintiff filed suit under the GTLA based on an injury he received while standing near a garbage truck. Plaintiff was a contractor completing a home improvement project at a client’s home. The project included replacing a door. Plaintiff placed the old door on the curb next to a garbage can, but later remembered that the door had an alarm sensor. When he went outside to retrieve the sensor, the garbage truck came by. According to plaintiff, one of the workers engaged him in a conversation about a potential project. Plaintiff testified that he had his back to the truck, and a second worker put the door into the truck and started the compactor. When the compactor started, the door rose and struck plaintiff in the head.
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