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.