Tennessee § 20-16-101 - Burden of proof in summary judgment motions.

§ 20-16-101. Burden of proof in summary judgment motions.

In motions for summary judgment in any civil action in Tennessee, the moving party who does not bear the burden of proof at trial shall prevail on its motion for summary judgment if it: Submits affirmative evidence that negates an essential element of the nonmoving party's claim; or Demonstrates to the court that the nonmoving party's evidence is insufficient to establish an essential element of the nonmoving party's claim. Acts 2011, ch. 498, § 1. Compiler's Notes. Acts 2011, ch. 498, § 2 provided that the act (which enacted T.C.A. § 20-16-101 , which overruled the summary judgment standard for parties who do not bear the burden of proof at trial set forth in Hannan v. Alltel Publishing Co. , 270 S.W.3d 1 (Tenn. 2008)), except as set forth in the act, did not change Rule 56 of the Tennessee Rules of Civil Procedure. Acts 2011, ch. 498, § 3 provided that the act, which enacted this section, shall apply to actions filed on or after July 1, 2011. For the preamble to the act regarding the burden of proof in summary judgment motions, please refer to Acts 2011, ch. 498. Effective Dates. Acts 2011, ch. 498, § 3. July 1, 2011. Law Reviews. Day on Tort: Tenn. Code Ann. §§ 55-10-311(A) : What Does It Mean? (John Day), 49 Tenn. B.J. 37 (2013). The Law at Work: Variation in State and Federal Pleading Standards: Webb and Veasy (Edward G. Phillips with Brandon L. Morrow), 49 Tenn. B.J. 26 (2013). Workers' Compensation Appeals Board Decisions. An employee alleged various injuries caused by a fall at work. After some discovery was conducted, the employer filed a motion for summary judgment, alleging the employee's evidence was insufficient as a matter of law to establish a compensable injury. After requesting and receiving additional time to respond to the motion, the employee's counsel filed a motion to withdraw. The trial court scheduled a hearing on both motions, requiring the employee's counsel to present his client's argument in response to the motion for summary judgment prior to its entertaining the motion to withdraw. During his argument, the employee's counsel acknowledged he had no expert medical evidence to submit in opposition to the employer's motion for summary judgment. Following the hearing, the trial court granted the motion to withdraw but denied the motion for summary judgment. The employer has appealed. Upon careful consideration of the record, the trial court's order denying the motion for summary judgment was reversed and the case was remanded for entry of an order granting the motion. King v. Kasai North America, Inc., 2019 TN Wrk Comp App Bd LEXIS 16.