Hale v. Ostrow

166 S.W.3d 713 (Tenn. 2005)

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Facts

P was using the sidewalk and noticed that it was blocked. Bushes protruding from D's had overgrown the sidewalk and had grown around a telephone pole located on the sidewalk, blocking the way. P had to leave the sidewalk and enter the street in order to bypass the obstruction. The sidewalk was crumbled. P tripped over a chunk of concrete and fell into the street. P's left hip was crushed in the fall, and she required extensive medical care. D's property was a vacant lot. The crumbled sidewalk and the spot where P fell were located in front of another property. That property was not owned by D. P sued on premises liability and public nuisance. D moved for summary judgment; a property owner owes no duty of care to a person injured on another's property. Further, P's injury was caused by the defective sidewalk, not by the overgrown bushes. The trial court granted summary judgment. The Appeals Court affirmed.

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