playground doctrine (Tennessee) · Go Syfert
← Tennessee issues

playground doctrine in Tennessee

7 Tennessee opinions name it 2 courts 1968–2002 0 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Bloodworth v. Stuart Ex Rel. Stuartgreen
tenn · 1968 · cited in 3 Tennessee opinions naming this issue, 1986–2002
2 sentences

2002Bloodworth v. Stuart, 221 Tenn. 567, 571 , 428 S.W.2d 786, 788 (1968).5 Since the playground doctrine, by its terms, has no application to the plaintiffs’ child, we find no basis in the facts of this case to use it to support the plaintiffs’ claims in this litigation.

2002Bloodworth v. Stuart, 221 Tenn. 567, 571 , 428 S.W.2d 786, 788 (1968).5 Since the playground doctrine, by its terms, has no application to the plaintiffs’ child, we find no basis in the facts of this case to use it to support the plaintiffs’ claims in this litigation.

13
Gatlinburg Const. Co. v. McKinneygreen
tennctapp · 1953 · cited in 2 Tennessee opinions naming this issue, 1968–1976
2 sentences

1976This rather harsh requirement is modified, however, by application of the playground doctrine under which liability may be established if “the landowner knows or, by the exercise of reasonable care, should know that children of immature years are habitually trespassing upon his land to use it as a playground, under conditions other than natural, which the landowner knows or should know involve an unreasonable risk of bodily injury and which children because of their youth will fail to discover and appreciate.” Gatlinburg Construction Co. v. McKinney, 37 Tenn.App. 343 , 263 S.W.2d 765, 767 (195

1976This rather harsh requirement is modified, however, by application of the playground doctrine under which liability may be established if “the landowner knows or, by the exercise of reasonable care, should know that children of immature years are habitually trespassing upon his land to use it as a playground, under conditions other than natural, which the landowner knows or should know involve an unreasonable risk of bodily injury and which children because of their youth will fail to discover and appreciate.” Gatlinburg Construction Co. v. McKinney, 37 Tenn.App. 343 , 263 S.W.2d 765, 767 (195

12
Metropolitan Government of Nashville v. Countsgreen
tenn · 1976 · cited in 1 Tennessee opinions naming this issue, 2002–2002
2 sentences

2002Metropolitan Gov’t of Nashville and Davidson County v. Counts, 541 S.W.2d 133, 136 (Tenn. 1976) (citations omitted).

2002This doctrine applies to trespassing children, children who have been “enticed or lured onto defendant’s premises by the instrumentality or condition causing the harm.” Id.

11
Helton v. Reynoldsgreen
tennctapp · 1982 · cited in 1 Tennessee opinions naming this issue, 1995–1995
1 sentence

1995There was material evidence in the record from which the jury could conclude that the playground doctrine applied; thus applying T.C.A. § 20-9-502, this Court held that ‘[h]aving found the jury was justified in finding liability under the count of the declaration based on the playground doctrine, the verdict will be applied to that count.’”); See also Helton v. Reynolds, 640 S.W.2d 5, 8 (Tenn. Ct. App. 1982) (“Notwithstanding our determination with regard to the first theory, because of T.C.A. 20-9-502 and of decisional law, the judgment must still be affirmed if the pro ceed ings as to a seco

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Wilburn Ex Rel. Tapper v. Vernon neutral
tennctapp · 1969
1 sentence

1971Defendants’ counsel insist that it was proper for the trial Court to direct a verdict because the uncontroverted evidence shows that the plaintiff, Thomas Jeffry Williams, was guilty of proximate contributory negligence which bars a recovery and cite Wilburn v. Vernon (1969), Tenn.App., 447 S.W.2d 382 .

11971–1971

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 20-9-502 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 12 (1925–1982) TN 7 (1968–2002) PR 2 (1955–1955)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check