News & Articles
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.
It is well settled law in Tennessee that employers can be held vicariously liable for the negligent acts of their employees. But can churches and charity organizations be held vicariously liable for the negligent acts of their volunteers? Surprisingly, this question has never been squarely addressed by Tennessee case law. Given Tennessee’s common law […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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, […]