Torts Keyed to Dobbs
Hale v. Ostrow
Plaintiff Hale was walking home on a sidewalk that she had not traveled before. As she proceeded, she noticed that bushes protruding from Defendants’ property at Mississippi Boulevard had overgrown the sidewalk and had grown around a telephone pole located on the sidewalk, blocking her way. She determined she had to leave the sidewalk and enter the street to bypass it. As she stepped off the sidewalk before she reached the bushes, she tripped over a chunk of concrete and fell into the street. Her left hip was crushed in the fall requiring extensive medical care. The crumbled sidewalk was located in front of 1063 Mississippi, property owned by another party. Plaintiff filed suit against Defendants and the other property owner. Defendants, the Ostrows, moved for summary judgment arguing that the injury was caused by the defective sidewalk, not the overgrown bushes. Trial court granted the Defendants’ motion, the Court of Appeals affirmed, and the Tennessee Supreme Court reversed.
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