 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Duncan v. Lloyd8/18/2005
The Tennessean Newspaper is premised upon respondeat superior, this Court grants The Tennessean Newspaper's Motion for Summary Judgment as well.
The trial court's order and the transcript of the hearing of this matter make it clear that the trial court did not award summary judgment to Defendants based on Ms. Duncan's failure to respond to Ms. Lloyd's request for admissions in accordance with Rule 36.01 of the Tennessee Rules of Civil Procedure (Rule 36), but based on Ms. Duncan's failure to respond to Ms. Lloyd's motion for summary judgment in a manner comporting with Tennessee Rule of Civil Procedure 56 (Rule 56). In her brief to this Court, however, Ms. Duncan asserts she attached excerpted portions of her deposition and responses to Ms. Lloyd's requests for admissions to her response to the motion for summary judgment, and that these attachments are sufficient to meet the requirements of Rule 56.
Rule 56 provides, in pertinent part:
Specifying Material Facts
In order to assist the Court in ascertaining whether there are any material facts in dispute, any motion for summary judgment made pursuant to Rule 56 of the Tennessee Rules of Civil Procedure shall be accompanied by a separate concise statement of the material facts as to which the moving party contends there is no genuine issue for trial. Each fact shall be set forth in a separate, numbered paragraph. Each fact shall be supported by a specific citation to the record.
Any party opposing the motion for summary judgment must, not later than five days before the hearing, serve and file a response to each fact set forth by the movant either (i) agreeing that the fact is undisputed, (ii) agreeing that the fact is undisputed for purposes of ruling on the motion for summary judgment only, or (iii) demonstrating that the fact is disputed. Each disputed fact must be supported by specific citation to the record. Such response shall be filed with the papers in opposition to the motion for summary judgment.
In addition, the non-movant's response may contain a concise statement of any additional facts that the non-movant contends are material and as to which the non-movant contends there exists a genuine issue to be tried. Each such disputed fact shall be set forth in a separate, numbered paragraph with specific citations to the record supporting the contention that such fact is in dispute.
If the non-moving party has asserted additional facts, the moving party shall be allowed to respond to these additional facts by filing a reply statement in the same manner and form as specified above.
Tenn. R. Civ. P. 56.03.
The parties' statements of material facts submitted on a motion for summary judgment are "intended to alert the court to precisely what factual questions are in dispute and point the court to specific evidence in the record that supports a party's position on each of these questions. They are, in short, roadmaps, and without them the court should not have to proceed further, regardless of how readily it might be able to distill the relevant information from the record on its own." Owens v. Bristol Motor Speedway, Inc., 77 S.W.3d 771, 774 (Tenn. Ct. App. 2001)(perm. app. denied)(quoting with approval, Waldridge v. American Hoechst Corp., 24 F.3d 918, 923 (7th Cir.1994)). Although the trial court may, at its discretion, waive the requirements of the rule where appropriate, the court may also refuse to consider the factual contentions of a non-complying party even where such facts are ascertainable by the record. Id. The material facts set forth in the statement of the moving party may be deemed admitted in the absence of a statement controvertin
Page 1 2 3 4 5 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|