RAY W. BUCK
ACCURATE C & S SERVICES, INC., ET AL.
Session Date: August 10, 2017
from the Circuit Court for Anderson County No. B5LA0049
Donald Elledge, Judge
Buck ("Plaintiff") appeals the January 4, 2017
order of the Circuit Court for Anderson County ("the
Trial Court") granting summary judgment to Accurate C
& S Services, Inc. ("Accurate") and R&R
Properties of Tennessee, LLC ("R&R") in this
suit for premises liability. We find and hold that the
defendants made properly supported motions for summary
judgment and that Plaintiff failed to respond with genuine
disputed issues of material fact showing that a rational
trier of fact could find in his favor. We, therefore, affirm
the grant of summary judgment.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed Case Remanded.
Timothy Bobo, Clinton, Tennessee, for the appellant, Ray W.
Tyler Chastain, Knoxville, Tennessee, for the appellee,
Accurate C & S Services, Inc.
Kenneth W. Ward and Hannah S. Lowe, Knoxville, Tennessee, for
the appellee, R&R Properties of Tennessee, LLC.
MICHAEL SWINEY, C.J., delivered the opinion of the court, in
which JOHN W. MCCLARTY and THOMAS R. FRIERSON, II, JJ.,
MICHAEL SWINEY, CHIEF JUDGE
April 11, 2014, Plaintiff went to the business premises of
Accurate located in Oak Ridge, Tennessee ("the
Premises") to undergo drug testing mandated by
Plaintiff's employer. Accurrate leased the Premises from
R&R. Plaintiff had been to the Premises one other time,
in June of 2013, for the same purpose.
Plaintiff exited his car in Accurate's parking lot on
April 11, 2014, he was talking on his cell phone. Plaintiff
walked to the front door of the Premises and stood with his
back to the door while he concluded his phone call. After
concluding his phone call, Plaintiff turned to his left to
open the front door of the Premises.
stepped through the doorway of the Premises with his right
foot with no problem. When Plaintiff stepped with his left
foot his toe caught on a rise in the door frame, and
Plaintiff tripped and fell. The parties agree that there is a
raised metal frame at the entryway of the Premises. Accurate
asserted that the frame is "raised approximately
¾ of an inch from the sidewalk . . . ." Plaintiff
claimed to be without knowledge as to the precise height of
the metal frame.
filed suit against Accurate and R&R in March of 2015
alleging that the threshold at the Premises was unreasonably
dangerous. Both Accurate and R&R filed motions for
summary judgment arguing, in part, that Plaintiff could not
establish the existence of a dangerous or defective
condition, could not establish actual or constructive notice
of any dangerous condition giving rise to a duty ...