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Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. The Court of Appeals quoted Tenn. In Reiss v. Rock Creek Construction, Inc. ,

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Dismissal Based on Lack of Foreseeability Reversed.

Day on Torts

Focus Designs filed a motion to dismiss, which the trial court granted, finding that plaintiffs had not shown that the injury was foreseeable. In Tennessee, “the employee of an independent contractor enjoys the status of an invitee while performing work on the premises of the owner-contractee.” In Thompson v.