3:24-cv-00527•Vasser v. DMB Amesbury Springfield, LLC et al
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE AT NASHVILLE TRAVETTE TARA VASSER ) ) Case No. 3:24-cv-00527 v. ) Chief Judge Campbell ) Magistrate Judge Holmes DMB AMESBURY SPRINGFIELD, LLC et al. ) To: The Honorable William L. Campbell, Jr., Chief United States District Judge REPORT AND RECOMMENDATION This pro se civil case has been referred to the Magistrate Judge for pretrial proceedings under 28 U.S.C. §§ 636(b)(1)(A) and (B), Rule 72 of the Federal Rules of Civil Procedure, and the Local Rules of Court. (Docket Nos. 7, 94.) Pending before the Court is Defendants DMB Amesbury Springfield LLC, CGJ Springfield LLC and Springfield Asset Management LLC’s joint motion for summary judgment against Plaintiff Travette Tara Vasser (Docket No. 81), to which Plaintiff responded in opposition (Docket No. 93) and Defendants replied in support (Docket No. 95). For the reasons discussed below, the undersigned respectfully recommends that Defendants’ motion for summary judgment (Docket No. 81) be GRANTED. I. FACTUAL AND PROCEDURAL BACKGROUND1 This tort action arises from personal injuries allegedly suffered by Plaintiff following an accident at her apartment complex, Springfield Apartments, in Murfreesboro, Tennessee. Plaintiff contends that she left her apartment in the evening on February 10, 2023, walked out into a dark outdoor hallway, slipped on a “dark coffee-like substance” on an uneven floor, tripped on a piece 1 Any statements of fact made in this section about the underlying dispute are contextual only. Statements of facts considered for purposes of the instant motion for summary judgment are detailed below. Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 1 of 15 PageID #: <pageID>
2 of metal protruding from the top of a stairwell, and tumbled down the stairwell, all of which caused her “life threatening” injuries. (Docket No. 1 at ¶ 8.) She alleges that complaints were made to the managers, owners, and employees of the apartment complex regarding “malfunctioning lighting, conditions of the uneven floor, negligent construction, damaged and protruding, rusted, aging metal pipe, slippery floor, footprints of spilled substances that had stayed too long on the floor” and refers specifically to emails sent to the property manager and assistant property manager during 2021 and 2022. (Id. at ¶¶ a–g, 11.) On April 29, 2024, Plaintiff initiated this lawsuit against Defendants, which she contends were “in charge of managing” the apartment complex, by filing an unverified complaint. (Id. at ¶¶ 5–7.) She alleges that the three Defendants are equally responsible for her injuries and asserts claims against them for negligence (id. at ¶ 14), negligent failure to supervise employees and inspect premises (id. at ¶ 15), negligent failure to warn (id. at ¶ 16), some kind of general negligence relating to the condition of the property (id. at ¶ 17), negligent infliction of emotional distress (id. at ¶ 18), and “common law dangerous conditions” (id. at ¶ 19). She seeks “actual damages” and “punitive damages.” (Id. at ¶¶ 21-22).2 Defendants answered Plaintiff’s complaint and largely denied her allegations. (Docket Nos. 20–22.) Defendants each own an interest in Springfield Apartments, but the complex is managed by a professional property management company, Mission Rock Residential LLC. (Docket No. 83 at ¶¶ 3-4, 9.) Plaintiff was initially represented by counsel, but the Court granted her counsel’s motion to withdraw on November 14, 2024. (Docket No. 40.) Plaintiff is now representing herself pro se. 2 The District Judge dismissed Plaintiff’s claim for attorney’s fees Docket No. 32), so the Court will not address this request Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 2 of 15 PageID #: <pageID>
3 II. MOTION FOR SUMMARY JUDGMENT AND RESPONSE Defendants seek summary judgment in their favor under Rule 56 of the Federal Rules of Civil Procedure. (Docket No. 81.) They support their motion with a memorandum of law (Docket No. 82); a statement of undisputed material facts (Docket No. 83); declarations from Angela English, Ashlee Cabeal, John Gilmore, and Peter Lukacs (Docket Nos. 81-1 to 81-5); and excerpts from the depositions of Plaintiff and David P. Johnson (Docket Nos. 81-6 to 81-26).3 In their motion, Defendants argue that the undisputed facts do not support Plaintiff’s claims that Defendants were negligent and therefore are responsible for her injuries. (Docket No. 82 at 8– 23.) Accordingly, they ask for summary judgment to be granted in their favor on all of Plaintiff’s claims. First, for Plaintiff’s claims for negligence regarding the supervision of employees or inspection of the premises, Defendants assert that they did not hire or employ any of the management or maintenance employees at the apartment complex. Next, for Plaintiff’s claims for negligence regarding the condition of the property, Defendants argue that they had no constructive knowledge of the conditions that allegedly caused Plaintiff’s fall and that Plaintiff’s testimony regarding these conditions was inconsistent. Next, for Plaintiff’s claim for negligent infliction of emotional distress, Defendants contend that they did not engage in conduct below the standard of care that caused Plaintiff’s accident. Finally, for Plaintiff’s claim for punitive damages, Defendants assert that there is no evidence to show that they acted intentionally, fraudulently, maliciously, or recklessly. 3 Plaintiff later filed court reporter certificates for the depositions of Plaintiff and David P. Johnson. (Docket Nos. 92, 92-1, 92-2.) Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 3 of 15 PageID #: <pageID>
4 After Defendants filed their motion for summary judgment, the Court issued an order setting a briefing schedule and emphasizing to Plaintiff the significance of a motion made under Rule 56(a). (Docket No. 84.) In particular, the Court cautioned Plaintiff that she was required to respond to Defendants’ statement of undisputed facts in accordance with Local Rule 56.01(c) and advised Plaintiff that “failure to file a timely response to the motion could result in the dismissal of this action.” (Id. at 2.) The Court set a deadline of November 21, 2025 for Plaintiff to file her response. (Id. at 1.) On November 24, 2025, three days after the deadline, Plaintiff filed a response (Docket No. 93)4 and the following attachments: (1) a document containing excerpts of building codes with some narrative information added, which Plaintiff describes as being from “Expert Witness David Johnson,” though it does not contain Mr. Johnson’s name or signature (Docket No. 93-1); (2) email correspondence between Plaintiff and Defendants’ counsel regarding Plaintiff reviewing her deposition transcript (Docket Nos. 93-2, 93-4)5; email correspondence between Plaintiff and a court reporter regarding exhibits to Plaintiff’s deposition (Docket Nos. 93-3, 93-6)6; and email correspondence from Plaintiff to “esquireresolutions.com” regarding Plaintiff’s deposition (Docket No. 93-5). 4 Plaintiff described her response as a “Response to Document 84, Order for Motion pending for Summary Judgment.” (Docket No. 93 at 1.) As detailed above, in the order at Docket Entry No. 84, the Court provided Plaintiff with notice that Defendants filed a motion for summary judgment and gave Plaintiff additional time to file a response in opposition the motion. The Court construes Plaintiff’s response at Docket Entry No. 93 to be her response to Defendants’ motion for summary judgment. 5 Plaintiff attached identical copies of the same exhibit. (Docket Nos. 93-2, 93-4.) 6 Plaintiff attached two documents that contain the same email correspondence but in a different format. (Docket Nos. 93-3, 93-6.) Further, one document contains additional email correspondence (Docket No. 93-3) that is not included the second document (Docket No. 93-4). Nevertheless, the substance of the email correspondence is identical. Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 4 of 15 PageID #: <pageID>
5 Plaintiff’s response focuses mostly on what she believes are issues with various filings made by Defendants and with various orders of this Court. She contends that this Court’s orders, including an order from Magistrate Judge J. Gregory Wehrman7, were “unfairly written, judged, and . . . granted” in Defendants’ favor. (Docket No. 93 at ¶ 1.) Accordingly, she asks Chief Judge Campbell to “void and sanction” Judge Wehrman and Defendants, and she requests that all emails, documents, files, and deposition testimony be “disallowed” with respect to the pending motion for summary judgment. (Id. at ¶¶ 1, 7.) With respect to the substance of the summary judgment motion, Plaintiff “disputes each and all facts” in Defendants’ statement of undisputed facts because the statement does not comply with the “rules of the Court” and because “Defendant has been illegally limited to 5 pages to respond.” (Id. at ¶ 11.) Plaintiff also takes issue with several of the declarations submitted by Defendants because she was not able to depose the declarant, does not know who the declarant is, or believes the declarant was not employed by Defendants until last year. (Id. at ¶ 13.) Defendants filed a reply in which they argue that Plaintiff’s response was untimely because it was filed beyond the November 21, 2025 deadline set by the Court; that the response contains unverified and conclusory allegations; and that Plaintiff failed to properly respond to the facts set forth in Defendants’ statement of undisputed facts and therefore those facts have been admitted. (Docket No. 95) III. STANDARD OF REVIEW A motion for summary judgment is reviewed under the standard that summary judgment is appropriate if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). See also Celotex Corp. 7 Judge Wehrman was sitting by special designation during the undersigned’s absence. Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 5 of 15 PageID #: <pageID>
6 v. Catrett, 477 U.S. 317, 322–23 (1986). A genuine issue of material fact is a fact which, if proven at trial, could lead a reasonable jury to return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The party bringing the summary judgment motion has the initial burden of identifying portions of the record that demonstrate the absence of a genuine dispute over material facts. Pittman v. Experian Info. Sols., Inc., 901 F.3d 619, 627–28 (6th Cir. 2018). If the summary judgment movant meets that burden, then, in response, the non-moving party must set forth specific facts showing that there is a genuine issue for trial. Id. at 628. A party asserting that a fact cannot be or genuinely is disputed – i.e., a party seeking summary judgment and a party opposing summary judgment, respectively – must support the assertion by citing to materials in the record, including, but not limited to, depositions, documents, affidavits, or declarations. Fed. R. Civ. P. 56(c)(1)(A). On a motion for summary judgment, a party may object that the supporting materials specified by her opponent “cannot be presented in a form that would be admissible in evidence.” Fed. R. Civ. P. 56(c)(2). Upon such an objection, the proponent of the supporting material must show that the material is admissible as presented or explain how it could be presented in a form that would be admissible. Thomas v. Haslam, 303 F. Supp. 3d 585, 624 (M.D. Tenn. 2018). In considering whether summary judgment is appropriate, the Court must “look beyond the pleadings and assess the proof to determine whether there is a genuine need for trial.” Sowards v. Loudon Cnty., 203 F.3d 426, 431 (6th Cir.), cert. denied, 531 U.S. 875 (2000). The Court must view the evidence and all inferences drawn from underlying facts in the light most favorable to the party opposing the motion. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., Ltd., 475 U.S. 574, 587 (1986); Gribcheck v. Runyon, 245 F.3d 547, 550 (6th Cir. 2001). Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 6 of 15 PageID #: <pageID>
7 IV. ANALYSIS 1. Local Rule 56.01 and Defendants’ Initial Burden Under Rule 56 of the Federal Rules of Civil Procedure Under the Local Rules, “any motion for summary judgment . . . must be accompanied by a separate, concise statement of the material facts as to which the moving party contends there is no genuine issue for trial.” Local R. 56.01(b). Each of these facts “must be set forth in a separate, numbered paragraph,” “must be supported by specific citation to the record,” and “the word ‘response’ must be inserted and a blank space provided that is reasonably calculated to allow the non-moving party sufficient space to respond to the assertion that the fact is undisputed.” Id. Any party opposing a motion for summary judgment must respond specifically to each asserted fact by either “(1) [a]greeing that the fact is undisputed; (2) [a]greeing that the fact is undisputed for the purpose of ruling on the motion for summary judgment only; or (3) [d]emonstrating that the fact is disputed.” Local R. 56.01(c). For each fact that is disputed, there must a “specific citation to the record.” Id. Parties who represent themselves pro se are not excused from this requirement. See id. The Local Rules contemplate the resulting ramifications if a party does not respond to the statement of material facts in a timely manner: “If a timely response to a moving party’s statement of material facts . . . is not filed within the time periods provided by these rules, the asserted facts shall be deemed undisputed for purposes of summary judgment.” Local R. 56.01(f) (emphasis added). Here, Defendants filed a statement of undisputed material facts with their motion for summary judgment in compliance with the Local Rules. (Docket No. 83.) Plaintiff failed to respond to these assertions as directed in Local Rule 56.01(c). She merely stated that she “disputes each and all facts” in the statement of undisputed material facts. (Docket No. 93 at ¶ 11.) The Court provided Plaintiff with an explicit notice that she “must specifically respond to Defendants’ Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 7 of 15 PageID #: <pageID>
8 statement of undisputed facts (Docket No. 83) in accordance with Local Rule 56.01(c)” and provided detailed instruction on how to do so. (Docket No. 84.) Nevertheless, Plaintiff failed to comply with this requirement. Accordingly, pursuant to Local Rule 56.01(f), the Court must accept Defendants’ unaddressed asserted undisputed facts as true. However, Local Rule 56.01(f) applies only to “facts, not argument, conclusions, or legal principles.” New Century Found. v. Robertson, 400 F. Supp. 3d. 684, 690 n.1 (M.D. Tenn. 2019). See also Local R. 56.01(f) (providing that unaddressed “asserted facts shall be deemed undisputed for purposes of summary judgment” (emphasis added)). Even though Plaintiff did not explicitly respond to Defendants’ statement of undisputed material facts, the Court still must examine the evidence Defendants offer in support of their motion for summary judgment to determine if Defendants have met their initial burden. Fed. R. Civ. P. 56(a); Celotex Corp., 447 U.S. at 330; Carver v. Bunch, 946 F.2d 451, 454–55 (6th Cir. 1991) (“[A] party moving for summary judgment always bears the burden of demonstrating the absence of a genuine issue as to a material fact . . . regardless if an adverse party fails to respond.”); Pewitte v. Hiniger, No. 3:17-cv-00822, 2020 WL 2218754, at *9 (M.D. Tenn. May 6, 2020). 2. Plaintiff’s Claims for Negligent Hiring, Training, and Supervision In Tennessee, a negligence claim requires proof of each of the following elements: “(1) a duty of care owed by the defendant to the plaintiff; (2) conduct by the defendant falling below the standard of care amounting to a breach of that duty; (3) an injury or loss; (4) cause in fact; and (5) proximate or legal cause.” Downs ex rel. Downs v. Bush, 263 S.W.3d 812, 819 (Tenn. 2008) (quoting West v. E. Tennessee Pioneer Oil Co., 172 S.W.3d 545, 550 (Tenn. 2005)). “A plaintiff in Tennessee may recover for negligent hiring, supervision or retention of an employee if she establishes, in addition to the elements of a negligence claim, that the employer Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 8 of 15 PageID #: <pageID>
9 had knowledge of the employee’s unfitness for the job.” Thompson v. Bank of Am., N.A., 773 F.3d 741, 755 (6th Cir. 2014) (citing Doe v. Catholic Bishop for Diocese of Memphis, 306 S.W.3d 712, 717 (Tenn. Ct. App. 2008)). See also Gunter v. Est. of Armstrong, 600 S.W.3d 916, 928 (Tenn. Ct. App. 2019). As the Sixth Circuit points out, “clearly this requires the plaintiff to identify the employee and explain what the employee did that negligently injured the plaintiff.” Thompson, 773 F.3d at 755. In her complaint, Plaintiff alleges that Defendants managed her apartment complex and were negligent in selecting, hiring, training, and supervising employees regarding the maintenance of the complex, which led to her accident. (Docket No. 1 at ¶¶ 5–7, 12, 14–15.) However, the undisputed facts clearly demonstrate that Defendants, all of which are companies that have a financial interest in the apartment complex, did not have knowledge of the actions of any employees whose responsibilities included maintaining the complex. Defendants hired a third- party company, Mission Rock Residential, LLC, which then hired and managed the employees who maintained the apartment complex. (Docket No. 83 at ¶¶ 16–17.) Defendants were not involved in the hiring, training, or supervising process. Plaintiff has not pointed to any proof in the record to contradict this evidence or demonstrate that Defendants employed any individual who was responsible for maintaining the complex. Plaintiff’s claim fails as a matter of law for additional reasons. Plaintiff has failed to either identify which employee or employees negligently harmed her or demonstrate what their negligent behaviors were and how those behaviors led to her injuries. These are required elements of a negligent hiring and supervision claim. See Thompson, 773 F.3d at 755 (“Even assuming that these were the employees Thompson alleges were negligently supervised, she does not point us to any specific negligent behavior on their part.”); Rice v. PetSmart LLC, 649 F. Supp. 3d 673, 679 (M.D. Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 9 of 15 PageID #: <pageID>
10 Tenn. 2023) (“However, just as in [Thompson], Rice fails to identify any employee who negligently harmed her. She alleges that PetSmart had seven employees located at the front of the store, but she does not identify any individual employee that was unfit for the job or otherwise posed a risk. PetSmart is entitled to summary judgment on this claim.”). Plaintiff references Meaghan Taylor and Angela J. English in her complaint and alleges that they received information about allegedly dangerous conditions, but Plaintiff offers no proof of any specific negligent acts on their parts. For these reasons, Defendants are entitled to summary judgment on Plaintiff’s claims for negligent selection, hiring, training, or supervising. 3. Plaintiff’s Claims for Negligence Related to the Condition of the Property and Failure to Warn Plaintiff brings a premises liability claim against Defendants that requires her to satisfy the elements of a negligence claim, “and in addition, prove either that ‘the condition was caused or created by the owner, operator, or his agent,’ or ‘if the condition was created by someone [else], that the owner or operator had actual or constructive notice that the condition existed prior to the accident.’” Parker v. Holiday Hosp. Franchising, Inc., 446 S.W.3d 341, 350 (Tenn. 2014) (quoting Blair v. West Town Mall, 130 S.W.3d 761, 764 (Tenn. 2004)). “Constructive notice” is defined as “information or knowledge of a fact imputed by law to a person (although he may not actually have it) because he could have discovered the fact by proper diligence, and his situation was such as to cast upon him the duty of inquiring into it.” Hawks v. City of Westmoreland, 960 S.W.2d 10, 15 (Tenn. 1997) (quoting Kirby v. Macon Cnty., 892 S.W.2d 403, 409 (Tenn. 1994)). Constructive notice may be established by showing that a dangerous or defective condition existed for such a length of time that a property owner, in the exercise of reasonable care, should have become aware of it. Blair, 130 S.W.3d at 764; Simmons v. Sears, Roebuck & Co., 713 S.W.2d 640, 641 (Tenn. 1986). Constructive notice may also be established by showing that the dangerous condition Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 10 of 15 PageID #: <pageID>
11 resulted from “a pattern of conduct, a recurring incident, or a general or continuing condition.” Blair, 130 S.W.3d at 765. Defendants contend that there is no admissible evidence to show that they breached their duty of care regarding any of the allegedly hazardous conditions that Plaintiff believes led to her fall. The Court finds that the undisputed facts establish that Defendants received neither actual nor constructive notice of the allegedly hazardous conditions, which Plaintiff described as a dimly lit hallway, uneven flooring, “dark coffee-like substance” on the ground, and “black metal piece” protruding from a damaged guardrail. With respect to actual notice, there is no evidence that Defendants received direct complaints about the hazardous conditions that Plaintiff alleges led to her fall. (Docket No. 83 at ¶ 31, 39, 53.) With respect to constructive notice, Plaintiff has not presented any evidence that Defendants could have and should have discovered the allegedly hazardous conditions. (Docket No. 83 at ¶¶ 30–32, 44, 52–53.) Plaintiff asserts in her unverified complaint that emails were sent – presumably by her, though it is not clear – to two employees of Mission Rock Residential, LLC in 2021 and 2022 regarding the condition of the area outside of her apartment. (Docket No. 1 at ¶¶ a–g.) Those emails concerned “broken glass and pills,” a “nasty breezeway,” a sandwich package stuck to concrete, dirt blown onto Plaintiff’s rug, dog feces, “damages items,” and “multiple safety issues.” (Id.) However, Plaintiff has not provided proof that the hazardous conditions referenced in these emails or the hazardous conditions that allegedly caused her to fall either existed for a long enough time that Defendants should have become aware of them, or resulted from any recurring or general conditions. See Blair, 130 S.W.3d at 764–65. Accordingly, the Court concludes that Plaintiff has failed to “make a showing sufficient to establish the existence of an essential element” of her premises liability claim because she has not shown that Defendants had Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 11 of 15 PageID #: <pageID>
12 actual or constructive notice that the condition existed prior to the accident. Pineda v. Hamilton County, Ohio, 977 F.3d 483, 491 (6th Cir. 2020). In addition, Plaintiff’s claim for negligence related to the condition of the apartment complex fails as a matter of law for other reasons. “[F]or an owner or occupier to be found negligent, there must be some evidence that there was a dangerous or defective condition on the premises.” Nee v. Big Creek Partners, 106 S.W.3d 650, 653 (Tenn. Ct. App. 2002). “A jury cannot conclude that an owner or occupier failed to exercise reasonable care to prevent injury to persons on their property if there is no evidence of a dangerous or defective condition.” Id. at 654. “If no dangerous or defective condition exists, an owner or occupier cannot be held liable for failing to take action in order to remedy the supposed condition.” Id. Again, Plaintiff has provided no evidence to create a disputed issue of material fact. She has not provided proof that there was, indeed, a problem with the hallway lighting, flooring, or guardrails prior to the incident. If anything, the proof demonstrates that there were no problems with these conditions: there were no complaints received or work orders entered regarding the hallway lighting (Docket No. 83 at ¶ 32, 33, 38); the flooring was never physically altered during the time that Plaintiff lived in the apartment and no complaints were received regarding the flooring (id. at ¶¶ 29–31); Plaintiff was not aware of how long the “dark coffee-like substance” on the ground was present or how it got on the ground (id. at ¶¶ 41–42); Plaintiff’s expert David Johnson testified that he did not find any problem with the guardrails (id. at ¶ 51); and the bracket attached at the base of the guardrails was not in the intended path of someone using the stairs (id. at ¶ 55). Accordingly, Plaintiff has failed to sufficiently demonstrate that a dangerous or defective condition existed at the apartment complex prior to the incident. Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 12 of 15 PageID #: <pageID>
13 Finally, because Plaintiff has failed to demonstrate that Defendants were negligent with respect to the condition of the property, Plaintiff’s claim for failure to warn of a dangerous condition fails as a matter of law. “Liability in premises liability cases stems from superior knowledge of the condition of the premises.” Ogle v. Winn–Dixie Greenville, Inc., 919 S.W.2d 45, 46 (Tenn. 1995) (citing McCormick v. Waters, 594 S.W.2d 385, 387 (Tenn. 1980)). Defendants did not have the requisite knowledge of the condition of the premises, so they cannot be held liable for that condition, including for failing to warn of that condition. For these reasons, Defendants are entitled to summary judgment on Plaintiff’s claims for negligence related to the condition of the property. 4. Plaintiff’s Claim for Negligent Infliction of Emotional Distress The elements of a claim for negligent infliction of emotional distress include the elements of a general negligence claim, though the plaintiff must also prove that the defendant’s negligence caused the plaintiff serious or severe emotional injury. Hunt v. S. Baptist Convention, 777 F. Supp. 3d 776, 833 (M.D. Tenn. 2025) (citing Doe 1 v. Woodland Presbyterian, 661 S.W.3d 87, 109 (Tenn. Ct. App. 2022)). To demonstrate “serious or severe emotional injury,” the plaintiff must demonstrate that a “reasonable person, normally constituted, would be unable to adequately cope with the mental stress engendered by the circumstances of the case.” Slowik v. Lambert, 529 F. Supp. 3d 756, 767 (E.D. Tenn. 2021) (internal citation omitted). The Court has already determined that the record does not contain evidence that Defendants acted with negligence in connection with Plaintiff’s fall. Further, Plaintiff has failed to point to evidence of mental and emotional injuries as a result of her fall which would disable a reasonable, normally constituted person from adequately coping with the alleged mental stress. For these Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 13 of 15 PageID #: <pageID>
14 reasons, Defendants are entitled to summary judgment on Plaintiff’s claim for negligent infliction of emotional distress. 5. Plaintiff’s Request for Punitive Damages Punitive damages are a remedy rather than a cause of action. StarLink Logistics, Inc. v. ACC, LLC, 653 F. Supp. 3d 462, 471 n.8 (M.D. Tenn. 2023); Jimenez v. Vanderbilt Landscaping, LLC, No. 3-11-0276, 2011 WL 3027190, at *1 n.2 (M.D. Tenn. July 25, 2011). Punitive damages are “appropriate only in the most egregious cases and, consequently, a verdict imposing such damages must be supported by clear and convincing evidence that the defendant acted intentionally, fraudulently, maliciously or recklessly.” Goff v. Elmo Greer & Sons Const., Inc., 297 S.W.3d 175, 186 (Tenn. 2009). The Court has already determined that all of the claims asserted by Plaintiff fail as a matter of law. Because Defendants are not liable to Plaintiff, Plaintiff is not entitled to a remedy, including a remedy of punitive damages. For these reasons, Defendants are entitled to summary judgment on Plaintiff’s request for punitive damages. V. RECOMMENDATION Based on the foregoing, it is respectfully RECOMMENDED that Defendants DMB Amesbury Springfield LLC, CGJ Springfield LLC and Springfield Asset Management LLC’s joint motion for summary judgment (Docket No. 81) be GRANTED and that this action be DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to mail a copy of this Report and Recommendation to Plaintiff and to send an additional copy by email to the following email addresses: ttvasser@icloud.com, ttvasser@hotmail.com, vassertt@gmail.com. Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 14 of 15 PageID #: <pageID>
15 ANY OBJECTIONS to this Report and Recommendation must be filed within fourteen (14) days of service of this Report and Recommendation and must state with particularity the specific portions of this Report and Recommendation to which objection is made. See Rule 72(b)(2) of the Federal Rules of Civil Procedure and Local Rule 72.02(a). Failure to file written objections within the specified time can be deemed a waiver of the right to appeal the District Court’s order regarding the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Any response to the objections must be filed within fourteen (14) days after service of objections. See Rule 72(b)(2) of the Federal Rules of Civil Procedure and Local Rule 72.02(b). Respectfully submitted, ________________________________ BARBARA D. HOLMES United States Magistrate Judge Case 3:24-cv-00527 Document 99 Filed 03/13/26 Page 15 of 15 PageID #: <pageID>
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