ROBERT BATES, ET AL. v. CITY OF CHATTANOOGA, ET AL.

This appeal involves statutory construction. Robert Bates and Laurel Diane Bates (“Mr. Bates” and “Ms. Bates,” “Plaintiffs” collectively) sued the City of Chattanooga, Individually and d/b/a the Brainerd Golf Course (“Defendant”) in the Circuit Court for Hamilton County (“the Trial Court”), alleging personal injuries, loss of services, and loss of consortium stemming from Mr. Bates’ fall on Defendant’s golf course. Defendant filed a motion for summary judgment relying on the Tennessee Recreational Use Statute (“the TRUS”), Tenn. Code Ann. § 70-7-101, et seq., which provides immunity to landowners who open their property to recreational use. The Trial Court held that Defendant, the landowner, was immune under the TRUS because Mr. Bates was on Defendant’s property to play golf, and golf is comparable to the non-exclusive list of recreational activities found at Tenn. Code Ann. § 70-7-102. No exception to the TRUS was found to apply. Plaintiffs appeal, arguing that golf is not an activity like those listed at Section 102 of the TRUS. Plaintiffs argue further that the fact Mr. Bates paid to play on Defendant’s golf course means Defendant is not entitled to immunity. We hold, inter alia, that golf is sufficiently comparable to Section 102 enumerated activities, particularly hiking, sightseeing, and target shooting, such that Defendant is entitled to immunity under the TRUS. In addition, the fact that Mr. Bates paid to play on Defendant’s golf course is not dispositive because the TRUS has no applicable consideration exception. We affirm.