A premises liability judgment for plaintiff was affirmed where plaintiff slipped and fell on a wooden bridge at defendant apartment complex, representatives of defendant had stated that the standard of care required that the bridge be power washed at least annually, and the evidence showed that the bridge had not…
Where the attorney for an HOA wrote plaintiff landowner a letter informing him that the HOA considered him to be in violation of certain restrictions, judgment on the pleadings in favor of defendant attorney on plaintiff landowner’s negligent misrepresentation claim was affirmed because there was no allegation that the attorney…
When a party failed to file a motion for substitution for more than a year after filing a notice of death, misinterpretation of the law did not constitute excusable neglect and dismissal was affirmed. In Joshlin v. Halford, No. W2020-01643-COA-R3-CV (Tenn. Ct. App. Jan. 6, 2023), plaintiff husband and wife…
Where plaintiff alleged that her son’s body was buried in the wrong place within a cemetery and brought several claims, including negligent mishandling of a dead human body, against defendant funeral home, summary judgment for the funeral home was affirmed based on the finding that the funeral home “had no…
Where defendant’s counterclaim asserted the conversion of its real property through a transfer that “was not supported by consideration, was commercially unreasonable, and made under economic duress,” and that alleged conversion occurred less than ten years ago, summary judgment in favor of plaintiff was vacated. Summary judgment on defendant’s counterclaim…
I strongly encourage you to add “Trial Tested” to your list of podcasts. “Trial Tested” is a podcast sponsored by the American College of Trial Lawyers. It “presents enlightening discussions about life and law through interviews with prominent trial lawyers and significant figures in the world of trial law.” The…
You have just a few days to obtain a pre-publication printed copy of my new book, Tennessee Wrongful Death Law at a substantial discount. The book is Tennessee’s only comprehensive treatise on the law of wrongful death. It has 82 sections and cites hundreds of Tennessee cases. Click on this…
Please take a minute to check out my newest blog. Practical Procedure and Evidence is created to help Tennessee civil trial lawyers stay current on civil, appellate, and evidence issues. It will include not just new cases and rule changes but will also give lawyers practical tips on how to handle…
You have just a few days to obtain a pre-publication printed copy of my new book, Tennessee Wrongful Death Law at a substantial discount. The book is Tennessee’s only comprehensive treatise on the law of wrongful death. It has 82 sections and cites hundreds of Tennessee cases. Click on this…
The January / February 2023 edition of the Tennessee Bar Journal has published my new column – “Defamation Cases – Yet Another Land Mine.”