Linda Wimmer v. Chattanooga-Hamilton County Hospital Authority D/B/A Erlanger Health System

Case Number
E2017-00352-COA-R3-CV

Linda Wimmer (“Plaintiff”) sued Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System (“Erlanger”) with regard to an incident in which Plaintiff was hit with an interior door and seriously injured. After a trial without a jury, the Circuit Court for Hamilton County (“the Trial Court”) entered its Memorandum and Judgment finding and holding, inter alia, there was no evidence that the location of the door constituted a defective design and no evidence that the door itself was defective, and that even if Erlanger had a duty to post a sign or put a glass window in the door, there was no evidence of causation. The Trial Court entered judgment in favor of Erlanger. Plaintiff appeals to this Court. We find and hold that Erlanger was immune from suit pursuant to Tenn. Code Ann. § 29-20-101, et seq., that Plaintiff failed to prove that said immunity was removed, and, in the alternative, that Plaintiff failed to prove causation. We, therefore, affirm the Trial Court’s judgment in favor of Erlanger.

Authoring Judge
Judge D. Michael Swiney, C.J.
Originating Judge
Judge W. Neil Thomas, III
Case Name
Linda Wimmer v. Chattanooga-Hamilton County Hospital Authority D/B/A Erlanger Health System
Date Filed
Dissent or Concur
No