Where the trial court found that the defendants committed fraud, not breach of contract, the damages awarded were not limited by language in the parties’ contract. In Amonett’s Eagle Auction & Realty, LLC v. Norris Bro. Properties, LLC, No. E2024-01931-COA-R3-CV (Tenn. Ct. App. Dec. 17, 2025), the plaintiff was an…
Those interested in the current law of Tennessee on the issue of whether contractual waivers of liability are enforceable in Tennessee may wish to read my recent article in Tennessee Bar Journal. Contractual waivers, also referred to as exculpatory provisions, attempt to limit liability for negligence (or perhaps even reckless and…
An exculpatory agreement contained in a contract for transportation services may be enforceable against a plaintiff claiming ordinary negligence. In Copeland v. Healthsouth/Methodist Rehabilitation Hospital, L.P., No. W2016-02499-COA-R3-CV (Tenn. Ct. App. Aug. 10, 2017), plaintiff was recovering from knee surgery in a hospital and had a follow-up appointment with his…