Author: Steven J. Meisner

0edfa6fe625ff931df1f7b3c5cec23f9

Dedmon is Dead

We have now received the long-awaited decision from the Tennessee Supreme Court in Dedmon v. Steelman.  The Court declined to extend the holding in West v. Shelby County Health Care Corp. to personal injury cases.  West held that “reasonable charges” for medical services under Tennessee’s Hospital Lien Act are the...

Read More
0edfa6fe625ff931df1f7b3c5cec23f9

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. It is well settled...

Read More
0edfa6fe625ff931df1f7b3c5cec23f9

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...

Read More
0edfa6fe625ff931df1f7b3c5cec23f9

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...

Read More