See, e.g., McClenahan v. Cooley, 806 S.W.2d 767, 771 (Tenn. 1991); Newman v. Jarrell, 354 S.W.3d 309 (Tenn. Ct. App. 2010). In McClenahan, the defendant, a law enforcement officer, left his keys in the ignition of his unattended car, in a public parking lot of a shopping center.
Such a document does not satisfy the requirements of Tenn. R. Civ. P. 56.06 for the purpose of establishing the existence of genuine issues of material fact for trial. See Newman v. Jarrell, 354 S.W.3d 309, 317 (Tenn. Ct. App. 2010); Perlberg v. Brencor Asset Management, Inc., 63 S.W.3d 390, 397 (Tenn. Ct. App. 2001); Byrd v. Hall, 847 S.W.2d at 215-216. TFM also insists that an answer Claire Sanders gave to a question she was asked about the accident at her deposition raises a material question of fact as to whether Beth Sanders gave her permission to drive.
Id. at 775. The reasoning in McClenahan was recently applied by this court in Newman v. Jarrell, No. M2010-00586-COA-R3-CV, 2010 WL 4968079 (Tenn. Ct. App. Dec. 7, 2010). In Newman, we reversed the trial court's summary dismissal of the plaintiff's personal injury claims against the owner of a vehicle that had been stolen.