In Denton v. Taylor, No. E2015-01726-COA-R3-CV (Tenn. Ct. App. July 25, 2016), the Court of Appeals affirmed summary judgment in a car accident case because “plaintiff provided no evidence establishing that the decedent’s negligence caused the accident.” Plaintiff and the decedent, whose wife was the defendant here, were involved…
In Reynolds v. Rich, No. E2015-01245-COA-R3-CV (Tenn. Ct. App. July 22, 2016), the Court of Appeals overturned summary judgment in a negligence case, finding that defendants did owe plaintiff a duty and that there were genuine issues of material fact regarding whether defendants breached that duty. Defendant father gifted a…
The Court of Appeals recently affirmed summary judgment in a premises liability case where plaintiff could not prove defendant’s actual or constructive knowledge of the allegedly dangerous condition. In Landrum v. Methodist Medical Center, No. E2015-01733-COA-R3-CV (Tenn. Ct. App. July 25, 2016), plaintiff was visiting her mother, who was a…
The Court of Appeals recently examined whether the sickness and death of a lawyer’s child constituted extraordinary cause under the HCLA, finding that it did in fact excuse noncompliance with the statute. In Kirby v. Sumner Regional Medical Center, No. M2015-01181-COA-R3-CV (Tenn. Ct. App. July 12, 2016), plaintiff was treated…
In Boshears v. Brooks, No. E2015-01915-COA-R3-CV (Tenn. Ct. App. July 6, 2016), plaintiff asserted on appeal that the trial judge had given incorrect jury instructions in the underlying jury trial. The Court of Appeals, however, affirmed. Plaintiff was riding in a car with his girlfriend when they were hit by…
Tennessee law requires that personal injury cases for minors be approved by the court. Tenn. Code Ann. § 29-34-105 provides: (a) Notwithstanding any other law or rule to the contrary, a judge or chancellor may sign an order approving any tort claim settlement involving a minor that is less than…
In Richardson v. Trenton Special School Dist., No. W2015-01608-COA-R3-CV (Tenn. Ct. App. June 27, 2016), the Court of Appeals reversed summary judgment in a negligence case due to fact issues surrounding the issue of foreseeability. The underlying facts of this case were quite disturbing—a six-year old kindergarten student was allegedly…
In Williams v. City of Jamestown, No. M2015-00322-COA-R3-CV (Tenn. Ct. App. June 23, 2016), the trial court dismissed a GTLA premises liability claim after a bench trial, and the Court of Appeals affirmed. Plaintiff was visiting the county courthouse and adjacent jail when he slipped and fell on ice in…
Earlier today I received this email from a law firm: I was looking at your website and noticed that you handle product liability cases. We (XXXXXX) are a co-counsel/case acquisition firm. There may be some synergy between our two firms worth exploring. I have some time Thursday or Friday for a…
In Commercial Painting Co., Inc. v. The Weitz Co., LLC, No. W2013-01989-COA-R3-CV (Tenn. Ct. App. June 20, 2016), the Court of Appeals reversed a trial court’s grant of summary judgment on claims for negligent and intentional misrepresentation. Plaintiff was a drywall subcontractor, and defendant was a general contractor with whom…