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WINELAND v. CITY OF CLEVELAND

No. E2010-01465-COA-R3-CV.

BETH L. WINELAND, v. CITY OF CLEVELAND, TENNESSEE ET AL.

Court of Appeals of Tennessee, at Knoxville.

Filed July 28, 2011.

Attorney(s) appearing for the Case

H. Franklin Chancey , Cleveland, Tennessee, for the appellant, Beth L. Wineland.

Robert E. Cooper, Jr. , Attorney General and Reporter; Joseph F. Whalen , Associate Solicitor General; and James D. Foster , Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee.

CHARLES D. SUSANO, JR., J., delivered the opinion of the Court, in which HERSCHEL P. FRANKS, P.J., and D. MICHAEL SWINEY, J., joined.

OPINION

CHARLES D. SUSANO, Jr., JUDGE.

Beth L. Wineland, the sole plaintiff, sustained serious injuries when the front wheel of her bicycle fell into the open slots of a metal drainage grate ("the subject grate" or "the old style grate") situated near a curb of State Highway 60. The slots on the subject grate run parallel with the direction of traffic. The subject grate is inside the municipal boundaries of the City of Cleveland. The plaintiff made a claim...

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