IN THE COURT OF APPEALS OF TENNESSEE
August 16, 2007 Session
UNION REALTY COMPANY, LTD. d/b/a NORTHGATE SHOPPING
CENTER v. FAMILY DOLLAR STORES OF TENNESSEE, INC., ET AL.
Direct Appeal from the Circuit Court for Shelby County
No. CT-004653-005 Robert L. Childers, Judge
No. W2006-01418-COA-R3-CV - Filed November 16, 2007
This dispute arises from a premises liability action filed against Plaintiff property owner Union
Realty Company. The trial court determined that Defendant Travelers Property Casualty Company
had an obligation to insure Union Realty as a named insured under a public liability contract of
insurance issued to Defendant Family Dollar store. Family Dollar and Travelers appeal; we affirm
in part, vacate in part, and reverse in part.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed in part;
Reversed in part; Vacated in part; and Remanded
DAVID R. FARMER, J., delivered the opinion of the court, in which W. FRANK CRAWFORD, P.J., W.S.,
and HOLLY M. KIRBY, J., joined.
S. Newton Anderson, Gayle Boyden Lakey and Kimberly Nicole Galloway, Memphis, Tennessee,
for the appellant, Family Dollar Stores of Tennessee, Inc.
Bradley E. Trammell and Jay Ebelhar, Memphis, Tennessee, for the appellant, Travelers Insurance
Richard Glassman and Tameka Turner-Perry, Memphis, Tennessee, for the appellee, Union Realty
Company, Ltd., d/b/a Northgate Shopping Center.
In February 1998, Jo A. Parker (Ms. Parker) died as a result of a criminal assault
committed in the premises occupied by Defendant Family Dollar Stores of Tennessee, Inc.
(“FDS”) in the Northgate Shopping Center, which is owned by Plaintiff Union Realty Company,
Ltd. (“Union Realty”) in Memphis. Ms. Parker was an employee of FDS at the time of the
assault, and all claims against FDS arising from her death were settled pursuant to workers
compensation insurance. A lawsuit seeking damages for injuries sustained by Ms. Parker (“the
Parker lawsuit”) subsequently was filed against Union Reality in the