Jordan K. Wilson v. David W. Dossett, American Honda Motor Co., and Fox Head, Inc.

Case Number
E2012-01251-COA-R3-CV

This appeal concerns a landowner’s potential liability to a person injured while riding a motorcycle on the landowner’s property. Jordan K. Wilson (“Wilson”) suffered severe injuries in a motorcycle accident on property owned by David W. Dossett (“Dossett”). Wilson sued Dossett in the Circuit Court for Campbell County (“the Trial Court”). Dossett filed a motion for summary judgment, asserting the affirmative defense for landowners under Tenn. Code Ann. § 70-7-102. The Trial Court held that Dossett was afforded protection under the statute as Wilson had been engaged in recreational activities on Dossett’s land. At a subsequent hearing, the Trial Court found that no exception to the statutory defense was applicable. Wilson appeals. We hold that Tenn. Code Ann. § 70-7-102 applies to shield Dossett from liability as Wilson was engaged in recreational activities on Dossett’s property, and that no exception to the defense is applicable. We affirm the judgment of the Trial Court.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Judge John McAfee
Case Name
Jordan K. Wilson v. David W. Dossett, American Honda Motor Co., and Fox Head, Inc.
Date Filed
Dissent or Concur
No
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