Where the jury found the defendant not liable but also added a statement to the verdict that the defendant and others in the industry should look into safer practices, the verdict for defendant was affirmed. In Chase v. Ober Gatlinburg, Inc., No. E2020-00649-COA-R3-CV (Tenn. Ct. App. Aug. 20, 2021), plaintiff…
Where plaintiff only presented proof that his property was damaged during shipment but did not present any proof sufficient to allow the trial court to assess his damages, involuntary dismissal was affirmed. In Matthews v. UPS Store Center 3138, No. E2020-00255-COA-R3-CV (Tenn. Ct. App. June 25, 2021), plaintiff filed suit…
Where the landlord misrepresented the state of a building’s roof at the time the lease was executed, knowing that it could not be quickly repaired and that previous repair attempts had failed, the trial court’s finding for the tenant on the negligent misrepresentation claim was affirmed. In Pryority Partnership v.…
Where plaintiff’s tort claims against the church and church elders where he was previously pastor were all connected to the church’s termination of plaintiff as pastor and his resistance to that termination, the claims were barred by the ecclesiastical abstention doctrine. In Maize v. Friendship Community Church, Inc., No. E2019-00183-COA-R3-CV…
Where the correct acreage of a piece of real property was contained on a publicly recorded plat, plaintiffs could not maintain a cause of action for misrepresentation or concealment based on the seller or realtor stating that the property was larger than it actually was. In Archer v. The Home…
Where plaintiff fell and broke her hip in a grocery store due to her shopping cart missing a wheel, yet she mostly recovered from the injury, a jury verdict of approximately $90,000 in medical expenses and the maximum allowable amount of $750,000 in noneconomic damages was affirmed. In Wortham v.…
Where plaintiff claimed that defendant created a nuisance by allowing debris to drain onto her land and by causing a sewage smell, but the only evidence consisted of conflicting witness testimony with the trial court crediting defendant’s testimony, dismissal of the nuisance claim was affirmed. In Magness v. Couser, No.…
Tennessee’s Governor has issued Executive Order 26, which permits the remote notarization and witnessing of documents. The Executive Order outlines the procedure that must be followed for the remote notarization to be effective. The Order is effective today but expires on May 18, 2020.
We have seen several wrongful death lawsuits filed the the families of deceased employees, claiming that the employers negligently caused the death of the decedents by, for example, “knowing” about the decedent’s COVID-19 symptoms and disregarding them. Here is an example on one such lawsuit in Illinois. The Illinois lawsuit…
Where a plaintiff was injured while working on a construction site owned by defendant, but the trial court ruled that plaintiff was actually an employee of an independent contractor retained by defendant, the Court of Appeals affirmed a jury verdict finding defendant only 10% at fault for plaintiff’s injuries. In…