News & Articles

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.

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 […]

INCLUDE PUBLIC ADJUSTER ON PAYMENT TO INSURED?

The question often comes up as to whether a public adjuster hired by the insured should be listed on payments made under the policy for the insured’s claim.  Many public adjusters provide insurance companies with an assignment signed by the insured requesting the public adjuster or public adjusting firm be named on any loss payments […]

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 […]

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, […]