Rachel Victory v. State of Tennessee
M2020-01610-COA-R3-CV
| Tenn. Ct. App. | Oct 29, 2021Background
- On April 20, 2018, minor Lyla Victory fell from playground equipment at Tims Ford State Park and fractured her arm; photos were taken the next day showing little/no mulch under equipment.
- Lyla’s parents sued the State in the Tennessee Claims Commission alleging negligence, gross negligence, and gross negligence per se based on inadequate playground surfacing.
- The State asserted immunity under Tennessee’s Recreational Use Statute and, alternatively, that plaintiffs failed to give the required prior notice under the Claims Commission Act.
- After discovery the State moved for summary judgment; the Claims Commissioner granted it on two independent grounds: (1) the Recreational Use Statute barred liability because no gross negligence was shown; and (2) plaintiffs failed to prove notice to the proper state official under Tenn. Code Ann. § 9-8-307.
- Plaintiffs appealed only the gross-negligence exception issue. The Court of Appeals affirmed on both the appealed ground and the unappealed independent ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State’s failure to maintain playground surfacing constitutes "gross negligence" under the Recreational Use Statute | Victory: inadequate mulch/padding and routine "drive-by" inspections create a factual dispute that could show gross negligence | State: Recreational Use Statute immunizes landowners absent gross negligence; record lacks evidence of the utter disregard necessary for gross negligence | Court: No reasonable juror could find gross negligence from the undisputed facts; summary judgment affirmed under the statute |
| Whether plaintiffs met the Claims Commission Act notice requirement (Tenn. Code Ann. § 9-8-307) | Victory: (did not appeal this finding) | State: Plaintiffs produced no evidence that the proper state official was given prior notice of the dangerous condition | Court: Plaintiffs failed to establish required prior notice; independent ground for affirmance |
Key Cases Cited
- Parent v. State, 991 S.W.2d 240 (Tenn. 1999) (Recreational Use Statute provides limited immunity to the State for recreational visitors)
- Bishop v. Beckner, 109 S.W.3d 725 (Tenn. Ct. App. 2002) (defines gross negligence as utter unconcern or reckless disregard for others’ safety)
- Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235 (Tenn. 2015) (standard of review and summary judgment principles)
- Leatherwood v. Wadley, 121 S.W.3d 682 (Tenn. Ct. App. 2003) (gross negligence may be decided as a matter of law when facts permit only one reasonable conclusion)
- Buckner v. Varner, 793 S.W.2d 939 (Tenn. Ct. App. 1990) (summary judgment on gross negligence where facts do not support conscious indifference)
- Odum v. Haynes, 494 S.W.2d 795 (Tenn. Ct. App. 1972) (classic definition of gross negligence used in Tennessee decisions)