The United States Court of Appeals for the Fourth Circuit has ruled that a drunk driver’s death was not "accidental" and therefore his surviving spouse could not collect accidental death benefits under an insurance policy. The decedent’s blood alcohol level was fifty percent higher than the legal limit when he…
The University of Notre Dame has released its football schedule for 2007: September 1 Air Force (home) September 8 Navy (home) September 15 Army (home) September 22 Duke (home) September 29 Rice (home) October 6 Temple (home) October 13 New Mexico State (home) October 20 MTSU (home) October 27 Vanderbilt (homecoming) November 3 Iowa State (home) November 10 Baylor …
Several times in the last few months I have posted blue-chippers in a new format. (For those of you who do not know what a blue-chipper is read this post). Examples can be found here, here, and here. My question to you is this: do you like this format? Is…
The South Carolina Supreme Court has ruled that a spectator at a hockey game may not sue when he is hit in the face by a puck, and cited Tennessee law in reaching its conclusion. The South Carolina Court said: "Primary implied assumption of risk arises when the plaintiff impliedly…
I enjoyed Cyrus Dugger’s op-ed piece from The West Virginia Record and thought you would, too. An excerpt from "Sue as I say, not as I sue:" "It is striking, however, how quickly those who advocate for tort "reform" are willing to change their tune. While they publicly "speak out"…
Ok, this is your last Justice Programs seminar post of the year. This week (Thursday and Friday) we are in Nashville and are almost sold out. We have a few spots left at chairs with tables and then we will have to put attendees in chairs without tables. We booked…
Plaintiffs in Indiana had a $39 Million verdict reversed because of the failure to disclose the name of a witness. Plaintiffs were injured in a car wreck with a driver who was operating his vehicle under the influence of alcohol. They sued the restaurant where the driver had been drinking alleging…
I will not be blogging for a few days. I am taking today off for Thanksgiving and tomorrow morning I am off to Mexico where I will be speaking at a seminar on tort law to some Tennessee lawyers who also have an interest in diving. I will be speaking …
A Nationwide insurance adjuster met with a personal injury claimant in an effort to settle a claim. The claimant indicated he intended to select a certain attorney as his counsel. The adjuster said that the attorney just took peoples’ money and that the attorney’s clients would receive more money if…
The Case: Carson v. Headrick, 900 S.W..2d 685 (Tenn. 1995). Author: Justice Riley Anderson. Why it is a Blue Chipper: Carson is the leading, current case on policemen and firemen’s rule. The bottom line: A. “The policemen and firemen’s rule precludes firefighters and police officers from recovering damages for injuries…