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Sunday, 28 February 2021

Attorney Gary Massey plays "Case or No Case" with Chip. You are given the facts, you be the judge.

Credit: WDEF CBS Chattanooga, TN
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Attorney Gary Massey plays 'Case or No Case' with Chip.   You are given the facts, you be the judge.
Attorney Gary Massey plays "Case or No Case" with Chip. You are given the facts, you be the judge.

Attorney Gary Massey plays "Case or No Case" with Chip.

You are given the facts, you be the judge.

Which just and we're going to spend our final few minutes thi morning returning for very messy, messy and associates will be talking legal advice scary good morning good morning during the commercial break.

You just saw.

I was given for folded support this and yours and choose one.

So this is the one that i chose.

It says that today we are going to go through a scenario called case or no case i will present you up with a scenario from a real case fro the court of appeal switch kind of takes it up a little right.

No pressure here chapel then decide whether the person described should win or lose, then gary will explain how the court decided i love it.

Let's do it okay here is the situation.

A lady has to do to doctors appointments in the hospital.

Compline, she takes the bus to the hospital she gets off the bus goes into the lobby of the hospital goes into a bathroom as soon as she gets into the bathroom.

She sees a lot of water on the floor.

She continues to walk in the bathroom.

She falls hurts herself but she still gets up, goes into the bathroom stall uses the facilities and then comes back and later brings a case against the hospital because of the water all over the floor that made her fall them so that she follow lawsuit went to trial in general sessions court then went to circuit court and then went always, the court of appeals well in the court of appeal is answering the question should she be allowed to bring this lawsuit.

Should this also be allowed to go to a jury and so that's the question for you tha your ship putting out right right what color dress was i i would think that she well i could make an argument for that one of two ways.

Number one.

Sh sees what could your potential problem.

She should've maybe found another restroom or definitely a case of negligence where there something on the floor which i guess would be the hospital or the medical complexes responsibility that i got a pick and choose to gather the side of yeah i would say she does have a case.

Well, the general sessions court disagreed with you on the circuit court judge disagreed with you, but the court of appeals agrees wit you.

Well that's what we're going for the court of appeal says even though she saw the water on the floor and decided to go further into the bathroom you have to compare her fall with the hospital's fault right and it may be that the hospital is more at fault for allowing the condition to exist and she is at fault for going forward because you know when nature calls in going to the bathroom is a necessity sometimes you just almost have no choice, so you have to brave a risk even though you see the you take the risk because the alternative is even worse and and so the the court said that the jury question the jury should be allowed to answer that question rather than a judge, throwing the case out before it gets to jury because in most cases answering those calls of nature art, not optional, right on the case, especially if you are of certain age, we will you 60 seconds less you have another case like this, we can breeze through work.

I guess we better not because really got less tha a minute.

Next time you're here only do this again i'm sorry got files and files a similar situation to toast the final disposition of the case.

The focus position on the cases she comes back to the trial court and gets a trial with a jury.

And so there's the case is not over citizen to revive his wife.

The case died in the quarter court of appeal breathed new life back into the case of the trial you opened up a whole new arena judge gary and chip.

I could hear it right will be the next judge somebody anyway get in touch with gary and the staff nasty and associates.

Their website massey massey attorneys also find them in 6400 lee hwy.

Massey attorneys also find them in 6400 lee hwy.

The phone number is 697-4529 697 45 very messy pleasures always drink you hope you will join us tomorrow.

It is the midweek


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