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GIGGERS v. MEMPHIS HOUSING AUTHORITY

No. W2006-00304-SC-R11-CV.

277 S.W.3d 359 (2009)

Cheryl Brown GIGGERS et al. v. MEMPHIS HOUSING AUTHORITY et al.

Supreme Court of Tennessee, at Jackson.

February 3, 2009.

Attorney(s) appearing for the Case

Archie Sanders, III, Memphis, Tennessee, for the appellant, Cheryl Brown Giggers, Angela G. Brown, Charles C. Brown, and JoAnn Fisher.

Charles Wesley Fowler, Memphis, Tennessee, for the appellee, Memphis Housing Authority and, Joe Lee Wyatt and William Joseph Wyatt, Memphis, Tennessee, for the appellee, Scruggs Security and Patrol, LLC.

Timothy David Patterson, Memphis, Tennessee, for the Amicus Curiae, Pacific Legal Foundation.

GARY R. WADE, J., delivered the opinion of the court, in which CORNELIA A. CLARK and WILLIAM C. KOCH, JR., JJ., and E. RILEY ANDERSON, Sp.J., joined. JANICE M. HOLDER, C.J., filed a concurring and dissenting opinion.

OPINION

The plaintiffs, survivors of a tenant shot and killed by the criminal act of another tenant, filed suit against the defendant housing authority, alleging negligence and breach of contract for failure to provide a safe premises. The trial court granted summary judgment in favor of the housing authority and the Court of Appeals affirmed. We granted review to determine whether the housing authority owed a duty of care, an essential component of the claim, under...

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