# Burgess v. Harley

> Court of Appeals of Tennessee · July 10, 1996 · 934 S.W.2d 58

URL: https://www.frixlaw.com/law-library/cases/9665109

## Case

- **Full name:** Ray Dean BURGESS, Plaintiff/Appellant, v. Anthony S. HARLEY, Defendant, and Putnam County Highway Department and Putnam County, a Body Politic, Defendants/Appellees
- **Court:** Court of Appeals of Tennessee
- **Decided:** July 10, 1996
- **Citations:** 934 S.W.2d 58; 1996 Tenn. App. LEXIS 402
- **Precedential status:** Published
- **Opinion:** Concurrence by Todd
- **Judges:** Koch, Lewis, Todd
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9665109

## How later opinions describe it (automated extraction)

- stating that the governmental entity “must own and control the location or instrumentality alleged to have caused the injury”

## Opinion text

TODD, Presiding Judge,
Middle Section, concurring.
Concurring in the result reached, I respectfully assert my conviction that, when a Defendant moves for summary judgment the burden of producing evidence to support evidence of every aspect of his case does not pass to the Plaintiff until Defendant has produced or pointed out evidence to negative every aspect of the ease. The burden shifts to the Plaintiff only to contradict the evidence offered or pointed out by Defendant.
Of course, evidence that Plaintiff cannot prove one or more aspects of his case does shift the burden to Plaintiff to show how he can prove such aspects, but proof of such inability must come from Plaintiffs admissions or equally substantive evidence. As stated in Byrd v. Hall, (Tenn.1995), 847 SW2d 208, 213 , “a conclusory assertion that the non-moving party has no evidence is clearly insufficient.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9665109. Public record. Not legal advice.