Lee Melde
William Jones
LEST449
Final Project
PART ONE
NOTICEOF MOTION
CHANCERY COURT OF THE STATE OF TENNESSEE
COUNTY OF PORTLAND
DANA NEWTON,
Plaintiff(s)/Petitioner(s), Index No.: 826354-746
– vs –
NOTICE OF MOTION
FOR CIVIL ACTION
OR PROCEEDING
JAMIE BLOTTNER
Defendant(s)/Respondent(s).
PLEASE TAKE NOTICE that upon the attached affidavit(s) Dana Newton sworn to on April 20,
2015 and the exhibits attached thereto, and upon all the proceedings in this case to date, the
defendants Dana Newton will move in this court at 10:30 am on June 15, 2015 at the County
Courthouse located at 6159 Court Street Murfreesboro, Tennessee for an order pursuant to Civil
Practice Law and Rules §2214(b) granting the following relief to the movant(s): Motion to
dismiss for failure to state a claim and granting such other and further relief as this Court may
deem just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to Civil Practice Law and Rules §2214(b),
you are hereby required to serve copies of your answering affidavits on the undersigned no later
than the seventh day prior to the date set forth above for the submission of this motion.
Dated: 5, May 2015 Respectfully Submitted,
________________________
Lee Melde
MOTION TO DISMISS
CHANCERY COURT OF THE STATE OF TENNESSEE
COUNTY OF PORTLAND
JAMIE BLOTTER,
Plaintiff(s)/Petitioner(s), Index No.: 826354-746
– vs –
BRIEF IN SUPPORT FOR
MOTION TO DISMISS
DANA NEWTON
Defendant(s)/Respondent(s).
INTRODUCTION
Defendant Dana Newton, pursuant Tenn.Code Ann § 471.20 to submits this brief in support of its
Motion to Dismiss for Failure to State a Claim.
FACTS
On the evening of April 3, Jamie Blottner was walking along the outskirts of Murfreesboro. As
he was passing an area of new home construction, he decided to take a closer look at a particular
house under construction. Blottner then stepped into the partially finished house, which was
framed with only partially plywood flooring and began looking around. After looking around for
a while Blottner then decided to go up to the second floor of the structure. While Blottner was on
the second floor he heard a low growl coming from behind him and came to find a large mixed-
breed dog running towards him. The dog stopped approximately five feet in front of Blottner yet
continued growling and proceeding towards Blottner. In an attempt to calm the dog down
Blottner said, “nice doggy,” a few times yet out of fear stepped backwards with the dog still
proceeding towards Blottner yet never touching him ultimately leading to Blottner stepping off
the floor and falling approximately 30 feet into the basement of the structure.
Blottner’s fall resulted in his leg being broken in two places, two broken fingers on his left hand
