§32.1 Generally

The Case: Jones v. Tennessee Riders Instruction Program, Inc. , No. M2006-01087-COA-R3-CV, 2007 WL 393630 (Tenn. Ct. App. 2007).

The Basic Facts: Jones claimed she was injured at a motorcycle safety course as a result of the gross negligence of the defendant.

The Bottom Line:

• "Gross negligence is defined as 'a conscious neglect of duty or a callous indifference to consequences' or 'such entire want of care as would raise a presumption of a conscious indifference to consequences.' Buckner, 793 S.W.2d at 941 (citing Thomason v. Wayne County, 611 S.W.2d 585 (Tenn. Ct. App. 1980); Sampley v. Aulabaugh, 589 S.W.2d 666 (Tenn. Ct. App. 1979))." 2007 WL 393630 at *2.

Other Sources of Note: Buckner v. Varner , 973 S.W.2d 939 (Tenn. Ct. App. 1990) (a contractual waiver of liability will not protect a person guilty of gross negligence).

Recent Cases:

Thrasher v. Riverbend Stables , LLC, No. M2008-02698-COA-RM-CV, 2009 WL 275767 (Tenn. Ct. App. Feb. 5, 2009) (reversing summary judgment on gross negligence claim finding defendant failed to negate an essential element of that claim and failed to prove that plaintiff cannot prove an essential element at trial).

---