Ed Siegert, Bill Cremer, and Tara O'Mahoney Obtain Summary Judgment in Favor of Amusement Ride Designer in Tennessee State Court


The Circuit Court for Sevier County, Tennessee, granted summary judgment in favor of the firm’s client, a European amusement ride designer, finding that the case against the designer of the attraction was time-barred pursuant to the 4-year Tennessee Statute of Repose for improvements to real property. Plaintiff filed her claim 9 years after substantial completion of the attraction. She asserted that the 10-year Statute of Repose for product liability actions controlled, and that therefore her claim was timely filed.  The Trial Court agreed with our arguments, applied the Tennessee “Common Sense” test, and found the attraction was an improvement to real property, rendering the claim (which was filed nearly 10 years after substantial completion of the ride) time-barred.  As a result, the European amusement ride designer was granted summary judgment and dismissed from the case.