Becky Elliott v. Donna Akey, Individually and d/b/a Owner of Plaza Restaurant

Case Number
E2004-01478-COA-R3-CV

This appeal involves a dispute between a former employee and her employer. Becky Elliott filed suit in Blount County Circuit Court alleging that Donna Akey failed to properly train and supervise employees at her restaurant in Loudon County, Tennessee resulting in an unsafe workplace. Because the workplace was unsafe, Ms. Elliott claims she had to quit her job and was damaged. According to the complaint, the Plaintiff resided in Blount County, the Defendant resided and operated the business in Loudon County, and the cause of action arose in Loudon County. The trial court granted the Defendant's motion to dismiss for improper venue and awarded sanctions to the Defendant. After careful review, we hold that 1) the trial court properly granted the Defendant's motion to dismiss for improper venue, 2) the trial court properly denied the Plaintiff's motion for default judgment, and 3) the trial court erred in awarding sanctions to the Defendant. Accordingly, we affirm the decision of the trial court in part and reverse in part.

Authoring Judge
Judge Sharon G. Lee
Originating Judge
Judge W. Dale Young
Case Name
Becky Elliott v. Donna Akey, Individually and d/b/a Owner of Plaza Restaurant
Date Filed
Dissent or Concur
No
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