By The Law Offices of John Day, P.C. on Nov 04, 2024 05:51 am
Where plaintiff did not have sufficient evidence of notice of the washout and sinkhole on a road, summary judgment for the county was affirmed. In Roberts v. Carter, No. W2023-01316-COA-R3-CV (Tenn. Ct. App. Oct. 7, 2024) (memorandum opinion), plaintiff filed suit after having a car accident on a county road due to a sinkhole and washout. Although the Court of Appeals had overturned an earlier grant of summary judgment, in this memorandum opinion it affirmed the ruling that plaintiff had not presented sufficient evidence to create a genuine issue of material fact as to notice. Plaintiff’s complaint cited three sections of the GTLA, but on this appeal, only the claim under Tenn. Code Ann. § 29-20-203 was addressed in plaintiff’s brief. Pursuant to that section of the GTLA, immunity for a governmental entity may be removed “for an injury caused by a defective, unsafe, or dangerous condition of any street…owned and controlled by such governmental entity,” but only if the governmental entity had actual or constructive notice of the dangerous condition. Here, plaintiff admitted that the county did not have actual notice of the washout, so the issue was whether plaintiff had enough evidence to show constructive notice.
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