Amicus Brief Filed in the Tennessee Supreme Court
The firm recently filed a brief on behalf of the Chamber of Commerce of the United States of America in the Tennessee Supreme Court case of Trentham v. Mid-America Apartments, LP. The case addresses the types of prior incidents of condition put an owner or occupier of land on constructive notice of a dangerous condition. Our brief argues that constructive notice arise only from prior dangerous conditions that are substantially similar in character, location, and danger presented. Advocating a strong gatekeeper role for the courts, the brief rejects the application of a free-floating foreseeability standard and the inference of constructive notice from a general maintenance routine.
A copy of the filing can be found here.