Entries by Ashley E. Geno

A Surviving Spouse’s Right to Action

When an individual dies as a result of the wrongful acts of another, there is often a question as to who gets to bring an action against the tortfeasor.  Is it the surviving spouse or is it the surviving children? In Tennessee, the law provides the deceased’s right of action passes to that person’s surviving […]

Changes to Discovery Rules in Federal Court

On December 1, 2015, several new amendments to the Federal Rules of Civil Procedure became effective.  Among those amendments were notable changes to Federal Rule of Civil Procedure 26.  For example, Rule 26(b)(1) now reads: Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged […]

Comparative Fault In Food Vendor Negligence

Tennessee courts have long acknowledged the importance of food safety.  See Bissinger v. New Country Buffet, No. M2011-02183-COA-R9CV, 2014 WL 2568413, at *15 (Tenn. Ct. App. June 6, 2014), appeal denied (Oct. 20, 2014).  Vendors producing food intended for consumption are held to the highest standard of care.  Jones v. Mercer Pie Co., 214 S.W.2d […]