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Emmett Clifford v. Crye-Leike Commercial, Inc.

Citation: Not availableDocket: M2005-00376-COA-R3-CV

Court: Court of Appeals of Tennessee; July 11, 2006; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a negligence lawsuit filed by the Cliffords against Crye-Leike Commercial, Inc., the property manager of a State Farm office, after Emmett Clifford was injured in a fall on a snow-covered wheelchair ramp during a snowstorm. The plaintiffs alleged that Crye-Leike was negligent in failing to remove the snow or warn visitors of the ramp's presence. Crye-Leike contended that it had no duty to act while snow was still falling. The trial court granted summary judgment in favor of Crye-Leike, ruling that the landowner was not liable under the circumstances as it was unreasonable to expect immediate snow removal. The Court of Appeals affirmed this decision, supporting the trial court's interpretation of landowner responsibilities during natural weather events. The court emphasized that the accumulation of snow and ice is a natural hazard and that landowners are not required to maintain premises free of such hazards during an active storm. The court also referenced the open and obvious doctrine, concluding Crye-Leike had no duty to warn about the ramp. Consequently, the appellate court upheld the trial court's judgment, assigning appeal costs to the Cliffords and their surety.

Legal Issues Addressed

Duty of Landowners During Natural Weather Events

Application: The court held that landowners are not obligated to remove snow or ice during an ongoing storm as it is impractical to require continuous clearing during such conditions.

Reasoning: It is deemed impractical to require landowners to continuously clear snow during an ongoing storm.

Landowner's Duty to Warn

Application: The court determined Crye-Leike had no duty to warn about the concealed wheelchair ramp during the ongoing snowstorm based on undisputed facts.

Reasoning: The Cliffords argued that Crye-Leike had a duty to warn about the concealed wheelchair ramp under the snow; however, the court determined that Crye-Leike had no such duty based on the undisputed facts.

Open and Obvious Doctrine in Premises Liability

Application: The court used the open and obvious doctrine to justify that Crye-Leike had no duty to warn about the snow-covered ramp, as the dangers associated with natural snow accumulation were deemed normal hazards.

Reasoning: The court highlighted that while landowners must exercise reasonable care, the 'open and obvious' doctrine is relevant in assessing the duty owed, particularly regarding foreseeability and the gravity of potential harm.

Summary Judgment in Negligence Cases

Application: The court granted summary judgment in favor of Crye-Leike, concluding that the landowner did not owe a duty to keep the ramp clear or to warn patrons of its existence under the circumstances.

Reasoning: The trial court granted Crye-Leike's motion for summary judgment, concluding that the landowner did not owe a duty to keep the ramp clear or to warn patrons of its existence under the circumstances.