Seay v. City of Knoxville

OPINION

SANDERS, Judge.

The threshold question on this appeal is whether the court committed error in granting a new trial on the basis of newly discovered evidence when there was no showing of diligence to discover the evidence prior to an adverse judgment.

The Plaintiff-Appellee, Roy L. Seay, sued the Defendant-Appellant, City of Knoxville, for personal injuries received when he stepped into an uncovered water meter box on the city’s property. In July, 1978, the City of Knoxville leased to the Tennessee Valley Agricultural and Industrial Fair Association, for a period of 10 years, the…