Lewis, Thomason, King, Krieg & Waldrop, P.C.
enter
close

News Release

Emily Mack and Brad Craig Triumph in Court of Appeals

Mack and Craig Publication1The defense team of Emily Mack and Brad Craig won a major victory on November 18 in the Tennessee Court of Appeals.

The case of Hall v. ISA was a negligence action involving the annual ICE! Exhibit at Gaylord’s Opryland Hotel.

While attending the exhibit, the plaintiff slipped and fell at the top of an ice slide which was a feature of the exhibit, injuring his arm. Plaintiff then filed suit against Gaylord and ISA, the company that formed the construction of the ice elements within the attraction, including the ice slide.

At the trial court level, Emily Mack represented ISA and moved for summary judgment.

In response to the motion, the plaintiff creatively argued that the ice slide was “an amusement devise” under Tennessee law, and that ISA failed to comply with “the applicable standards and state laws on amusement devises.”

To support this assertion, plaintiff relied on the standards promulgated by the American Society of Testing Material, but Emily successfully pointed out to the trial judge that the scope of these standards was limited to children’s playground equipment, and therefore not applicable to the ice slide at issue.

The trial court agreed and granted Emily’s motion for summary judgment.

On appeal, Brad Craig joined the defense team, drafting the appellate brief.

The Court of Appeals affirmed the trial court’s granting of summary judgment.

We congratulate Emily and Brad on another LT victory in the Court of Appeals.

Emily Mack is s an associate in the firm’s Nashville office practicing in the areas of education law, employment law, and general civil litigation. She joined the firm in August 2012.  Ms. Mack is a member of the firm’s Education and Employment Practice Law Groups.

Brad Craig is an associate in the firm’s Nashville office practicing in the areas of education law, employment law, and general civil litigation.  He is also a registered lobbyist with the Tennessee Bureau of Ethics and Campaign Finance, representing clients before the Tennessee General Assembly.