By The Law Offices of John Day, P.C. on Dec 20, 2023 06:12 am
Where a plaintiff’s negligence claim against a city was based on a Tennessee city’s failure to inspect the LED lights on a crosswalk sign, the city retained immunity under the GTLA and summary judgment was affirmed. In Packard v. Bentley, No. E2022-00982-COA-R3-CV (Tenn. Ct. App. Oc.t 23, 2023), plaintiff filed suit against several defendants, including the city of Gatlinburg, after he was hit by a car while using a crosswalk in Gatlinburg. The crosswalk and road were owned by the State, but the city owned a crosswalk sign on the side of the road. After a similar incident many years prior, the city had added LED lights to the sign, but the lights were not operational at the time of plaintiff’s accident. The city filed a motion for summary judgment, which the trial court granted on three grounds. The Court of Appeals affirmed summary judgment, ruling that the city retained its immunity under the GTLA in this case. Continue reading
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