Tracey Smith, et al. v. Oakwood Subdivision Homeowners Association, Inc.

Case Number
W2022-00845-COA-R3-CV

This appeal involves premises liability and negligence claims asserted against a
homeowner’s association after a shooting outside its community clubhouse while it was
rented for a birthday party. The trial court granted summary judgment to the homeowner’s
association, dismissing all claims, on two grounds. First, the trial court found that there
was no foreseeability, and therefore, there was no duty. Second, the trial court concluded
that there was no nexus, or proximate cause, between the allegedly negligent acts or
omissions of the homeowner’s association and the harm that occurred. The plaintiffs filed
a motion to reconsider or clarify the ruling, which the trial court denied. For the following
reasons, we affirm the decision of the circuit court and remand for further proceedings.

Authoring Judge
Judge Carma Dennis McGee
Originating Judge
Judge Rhynette N. Hurd
Date Filed
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