Tammala Thompson v. State of Tennessee

This appeal arises from a premises liability action commenced by Tammala Thompson (“Plaintiff”) for injuries she sustained while camping for the weekend at Cedars of Lebanon State Park (“the Park”). Plaintiff alleges that the State of Tennessee (“the State”), which owns and operates the Park, is liable for her injuries because the State negligently maintained an unsafe sidewalk. Relying upon the affirmative defense provided by the Tennessee Recreational Use Statute (“the TRUS”), the State filed a motion to dismiss the complaint. Plaintiff opposed the motion arguing that she was not engaged in recreational activity when the injury occurred because she was walking on a sidewalk; thus, the TRUS is not applicable. She also asserted that sidewalks are “improvements” which are not expressly exempted from liability under the TRUS. Finding the TRUS applicable and that no exceptions applied, the Claims Commission granted the State’s motion to dismiss. We affirm.