I’m often asked whether a party can disclaim negligence in a contract. The answer is “yes” unless you are providing professional services, such as legal services, medical treatment or home inspections. The following is a brief highlight of the law that applies.
Author Archive for: Steven Meisner, Esq.
About Steven Meisner, Esq.
Steven J. Meisner is a Nashville-based trial lawyer practicing at the law firm of Brewer, Krause, Brooks & Chastain, PLLC. He defends businesses and insureds in civil litigation and has represented clients across Tennessee in both state and federal courts. He is rated “AV Preeminent” by Martindale-Hubbell’s Peer Review Rating, which is the highest rating available for legal ability and professional ethics.
Entries by Steven Meisner, Esq.
There is no duty to prevent an employee from leaving the premises driving his own vehicle while intoxicated. Thompson v. Best Buy Stores, 2016 WL 6946786 (Tenn. Ct. App., June 21, 2016). This is a companion case to Lett v. Collis Foods Inc., 60 S.W.3d 95 (Tenn. Ct. App. 2001), which addressed for the first […]
This is a good summary judgment ruling from the Davidson County Circuit Court in a slip and fall case. Boykin v. Moorehead Living Trust, 2015 WL 3455433 (Tenn. Ct. App., May 29, 2015). This case came out of Sixth Circuit in Davidson County Tennessee. The Court of Appeal affirmed summary judgment in favor of the […]
There is an interesting premise liability case filed last year in the Circuit Court of Appeals of Tennessee at Knoxville that found vomit on the floor of a Hardee’s restaurant for approximately three minutes was a sufficient length of time to charge defendant with constructive notice of the dangerous condition.
A new case filed June 15, 2015 in the Circuit Court of Appeals of Tennessee at Knoxville found that vomit on the floor of a Hardee’s restaurant for approximately three minutes was a sufficient length of time to charge defendant with constructive notice of the dangerous condition. The case at issue is styled Kyle Beverly, […]
The Tennessee Court of Appeals recently ruled on a curious case of slip-and-fall. In the case of Petros Goumas v. Jimmy Mayse, et al., the Tennessee Court of Appeals in Knoxville found that the Trial Court correctly granted summary judgments to the defendants. The plaintiff was the fiancé of the daughter of the defendants, Jimmy […]
The doctrine of spoliation of evidence can cause major problems for both plaintiffs and defendants in civil litigation. Often times, months or years pass before the defendant is notified of a claim. As a result, defendants may have no notice that there is a duty to preserve evidence relevant to future litigation until after the […]
There is a new case in Tennessee interpreting the language if Tennessee’s Dram Shop Act, Tenn. Code Ann. §§ 57-10-101 – 102. The case is Widner v. Chattanooga Entertainment, Inc. d/b/a Electric Cowboy, (Tenn. Ct. App., Nov. 4, 2014)(“Electric Cowboy”). This was an appeal by the plaintiff following the trial court’s decision to grant summary […]
The Tennessee Court of Appeals has penned a new decision addressing the duty of a bar to protect its patrons from the foreseeable criminal acts of third parties. The case name is Nicole Goeser, et al., v. Live Holdings Corporation, et al., (No. M2012-01241-COA-R3-CV; September 4, 2013). This appeal came out of Judge Hamilton Gayden’s […]
In the recent case of Adams v. Since adju Leamon, et al., No. E2012-01520-COA-R3-CV (Tenn. Ct. App., September 16, 2013), the Court rejected the trial court’s remittitur reducing a jury verdict by over 70%. Having recently dealt with the question of whether to appeal a trial court’s additur, this case was of interest to me […]