Entries by Steven Meisner, Esq.

Exculpatory Clauses in TN

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.

New Case: Constructive Notice In Context of Premise Liability

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, […]

Tennessee Court Reaffirms Individual’s Duty to Take Care for His Own Safety

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 […]

Tennessee Spoliation of Evidence – Intentionality and Prejudice

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 […]

Dram Shop: New Tennessee Case Interpreting Dram Shop Act And Whether “Sale” Occurred.

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 […]

Duty to Provide Security: General and Specific Threat of Third Party Criminal Conduct

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 […]

New Tennessee Case Quantifying An Excessive Remittitur

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 […]