New Post on the Day on Torts dated 04/04/2025
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Day on Torts

Published by Day on Torts — Tennessee Personal Injury Attorney — The Law Offices of John Day, P.C.

Bench with no back not a dangerous condition.

By The Law Offices of John Day, P.C. on Apr 03, 2025 06:00 am

Where a premises liability plaintiff had no proof that a bench outside defendant restaurant was dangerous or defective, summary judgment for the defendant was affirmed.

In Ellis v. Snookums Steakhouse, LLC, No. W2024-01165-COA-R3-CV (Tenn. Ct. App. Mar. 11, 2025), the plaintiff ate at defendant restaurant before walking outside. When the plaintiff sat on a bench located outside, the bench “flipped or tilted from end to end.” The plaintiff did not look back when she was sitting down.

Based on this incident, the plaintiff filed this premises liability suit against the restaurant. The plaintiff emphasized that the bench had “new bolts in the holes in the metal to which the back would be fastened,” but that there was no back on the bench.


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