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WELLS EX REL. BAKER v. STATE

No. W2012-00189-COA-R3-CV.

435 S.W.3d 734 (2013)

Austin WELLS, a disabled person, by and through his conservator and natural mother Carron C. Wells BAKER v. STATE of Tennessee and Donald Estes and University of Memphis Foundation.

Court of Appeals of Tennessee, at Jackson.

October 8, 2013.

Application for Permission to Appeal by Supreme Court Denied April 9, 2014.

Attorney(s) appearing for the Case

John Packard Wade , Memphis, Tennessee, for the appellant, Donald Estes.

Robert E. Cooper, Jr. , Attorney General and Reporter, William E. Young , Solicitor General, Joseph F. Whalen , Associate Solicitor General, Nashville, Tennessee, for the appellant, State of Tennessee.

Gary K. Smith , Karen M. Campbell , John McManus , Memphis, Tennessee, for the appellee, Austin Wells.

Richard Glassman , Lacey Adair Bishop , Memphis, Tennessee, for the appellee, The University of Memphis Foundation.

ALAN E. HIGHERS, P.J., W.S., delivered the opinion of the Court, in which DAVID R. FARMER, J., and J. STEVEN STAFFORD, J., joined.

OPINION

A University of Memphis student fell down an elevator shaft while removing artwork following a required University function at property owned by Donald Estes. The student sued Donald Estes and Estes, LLC, the University, and The University of Memphis Foundation. Summary judgment was granted in favor of the Foundation. The jury returned a verdict of $4,103,720.00, and the fault was ultimately allocated as follows: the State 40%; the student 15%; Estes 45...

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