ACKER v. WARREN COUNTY, 01-A-01-9704-CV-00167 (Tenn.App. 11-14-1997)

STACEY M. ACKER, by next friend RAY ACKER, Plaintiffs/Appellants, v. WARREN COUNTY BOARD OF EDUCATION and WARREN COUNTY TENNESSEE, Defendants/Appellees.

Appeal No. 01-A-01-9704-CV-00167.Court of Appeals of Tennessee. Middle Section, at Nashville.
November 14, 1997

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Warren Chancery No. 8422


This is an action for damages against Warren County and the Warren County Board of Education for injuries sustained by a student who fell down a stairway. The proof showed that someone used a chair to prop open a fire door at the top of the stairs. As the plaintiff passed through the door and started down the stairs, another student inadvertently kicked the chair and it struck the plaintiff, causing her to fall.

The trial judge dismissed the case after finding that there was no proof to support the plaintiff’s theory that a teacher placed the chair in the doorway.

This court concurs in the facts found by the trial judge. It is, therefore, ordered that the decision of the lower court is affirmed in accordance with Court of Appeals Rule 10(a).

The cause is remanded to the Circuit Court of Warren County for any further proceedings that may become necessary. Tax the costs on appeal to the appellant.

ENTER this ______ day of November, 1997.

________________________________ HENRY F. TODD, PRESIDING JUDGE MIDDLE SECTION

________________________________ BEN H. CANTRELL, JUDGE

________________________________ WILLIAM C. KOCH, JR., JUDGE

[1] Rule 10(a) of the Rules of the Court of Appeals reads as follows:

The Court, with the concurrence of all judges participating in the case, may affirm the action of the trial court by order without rendering a formal opinion when an opinion would have no precedential value and one or more of the following circumstances exist and are dispositive of the appeal:
(1) The Court concurs in the facts as found or as found by necessary implication by the trial court.
(2) There is material evidence to support the verdict of the jury.
(3) No reversible error of law appears.
Such cases may be affirmed as follows: “Affirmed in accordance with Court of Appeals Rule 10(a).”