Tina Rogers v. Adventure House LLC

Syllabus

This negligence action arose from approximately 102 events of food poisoning or illness purportedly related to numerous patrons (collectively, \Plaintiffs\) who dined at or visited Adventure House, LLC d/b/a River Drifters Restaurant and River Drifters Adventure Center (\the Restaurant\), located on real property owned by Robert L. Newman (\the Premises\). Plaintiffs filed suit against the Restaurant Mr. Newman and Charles and Renee Eich, the owners of the Restaurant. Upon Plaintiffs' motion to certify the action as a class action, the Hamilton County Circuit Court (\trial court\) denied Plaintiffs' motion upon a determination that Plaintiffs had failed to carry their burden to prove the commonality, typicality, and adequacy of representation elements required by Tennessee Rule of Civil Procedure 23.01. The trial court further determined that if those elements were met, the class could maintain its certification pursuant to Tennessee Rule of Civil Procedure 23.02(1)(b). However, based on its determination that the class did not satisfy the threshold certification requirements under Rule 23.01, the trial court denied Plaintiffs' motion to certify the litigation as a class action. Plaintiffs have appealed. Discerning no reversible error, we affirm.