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Bishop v. Beckner9/23/2002
um, 949 S.W.2d at 807, on the part of the defendant.
There are no facts or reasonable inferences from facts that could be construed to establish gross negligence on the part of the defendant. When we "take the strongest legitimate view of the evidence in favor of the nonmoving party," see Byrd, 847 S.W.2d at 210, we find that the evidence, interpreted most strongly in favor of the plaintiffs, at the very most shows simple negligence on the part of the defendant. Simple negligence does not operate to negate the immunity of T.C.A. ยง 70-7-102.
Since we have determined that the defendant is immune from suit under the Recreational Use Statutes, the status of the deceased, be it licensee or trespasser, is immaterial to the summary judgment analysis. Even assuming, purely for the sake of argument, that there are disputed material facts as to whether the defendant is liable to the plaintiffs, there are no disputed material facts impacting the issue of the recreational use immunity defense. The defendant is clearly entitled to it. Accordingly, the court finds that a grant of summary judgment to the defendant is appropriate.
VI.
For the forgoing reasons, we affirm the judgment of the trial court. Costs on appeal are taxed to Karen Bishop and Eric Bishop. This case is remanded to the trial court for collection of costs assessed below, pursuant to applicable law.
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