Dodson Parker Behm & Capparella, PC
Providing legal counsel in the areas of law that impact lives and livelihoods. Call us - 615 254 2291
Dodson Parker Behm & Capparella, PC
Providing legal counsel in the areas of law that impact lives and livelihoods. Call us - 615 254 2291We work to prevent problems, and we help solve the problems that can’t be prevented.
Our appellate practice team is among Tennessee’s most experienced and most successful.
Lawyers with extensive trial experience in Tennessee’s state and federal courts.
Focused advice for the particular needs of government agencies and non-profits.
We help Tennessee’s families and businesses plan for and navigate the changes that life brings.
If you’ve been hurt—from a car wreck, a fall, a medical procedure, or an accident—we can help.
Tennessee Supreme Court Rules Preemption Rule Not Compatible with Comparative Fault
The “preemption rule,” which has been adopted in a number of jurisdictions around the country, limits injured plaintiffs’ ability to prove wrongdoing against employers because, so long as an employer admits that it is vicariously liable for an employee’s negligence, the employer’s own potential acts of misconduct for negligent supervision, hiring, training, or entrustment are not disclosed to the trier-of-fact.
The Tennessee Supreme Court ruled in favor of the Plaintiff/Appellee, Melissa Binns, in the case of Melissa Binns v. Trader Joe’s East, Inc., M2022-01033-SC-R11-CV (Tenn. April 8, 2024), stating, “We hold that the preemption rule is incompatible with Tennessee’s system of comparative fault and decline to adopt it.” In a unanimous decision, the Court held that:
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- an employer can be held both directly liable for its own negligent conduct as well as vicariously liable for the negligent conduct of its employees (declining to adopt the preemption rule); and
- a plaintiff may pursue direct negligence claims against an employer concurrently with a premises liability theory.
The Binns ruling means that plaintiffs can simultaneously pursue claims against an employer for both its own direct negligence and its vicarious liability for an employee’s negligence. This ruling is a significant development in Tennessee, protecting rights of Plaintiffs to hold employers accountable for their actions or inactions that lead to a person’s injuries.
Representing Appellee Melissa Binns in this case were Donald Capparella, as lead appellate counsel, assisted by Tyler Chance Yarbro and Jacob A. Vanzin, from Dodson, Parker, Behm, and Capparella P.C., as well as John L. Griffith and Jonathan D. Lawrence of Griffith Law.
You can view the oral argument video at Melissa Binns v. Trader Joe’s East, Inc. | Tennessee Administrative Office of the Courts (tncourts.gov), or the opinion at https://tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2022-01033-SC-R11-CV.pdf
DPBC’s Tyler Yarbro Discusses Judicial Gerrymandering in Tennessee on the Strict Scrutiny Podcast
Tyler Yarbro was a guest on the Strict Scrutiny Podcast, hosted by constitutional law scholars Leah Litman, Kate Shaw, and Melissa Murray, to discuss judicial gerrymandering and how it is playing out in Tennessee. Click the link below to listen to the Podcast.
Tyler Yarbro Named to Nashville Posts “In Charge 2024: Legal” List
Tyler Chance Yarbro, Managing Partner of DPBC, has been named to Nashville Post’s “In Charge 2024 Legal” list. Since 2010, the Nashville-based business publication has compiled a list of what it terms “Nashville’s most influential people,” recognizing the top business, political, and civic leaders in the Nashville area.
The publication cites Yarbro’s work as a litigator in employment, personal injury, and criminal law, and recognizes her efforts with founding the Tennessee Freedom Circle, a non-profit organization advocating for reproductive freedom.
Dodson Parker Hosts LAW’s Melanie Grand
Dodson Parker hosted the Lawyers Association for Women event on March 26 celebrating the retirement of Melanie Grand, who served as Executive Director for 24 years. Pictured below is Marietta Shipley, Jimmie Lynn Ramsaur and Margaret Behm.
Behm Continues to Champion Women’s Sports in Nashville
Margaret Behm pens a guest column for The Tennessean highlighting the economic and societal impact of the 2014 Women’s Final Four. With women’s sports at an all-time high in the public consciousness, Nashville’s history with women’s basketball, and a new Titans’ stadium in place, she declares that Nashville is the perfect place to have the first Women’s Final Four in a stadium with over 60,000 seats. Read the full column here.
Reviewing the Record/Identifying the Issues
"Not everything that can be counted counts, and not everything that counts can be counted." ~ William Bruce Cameron, Informal Sociology, 1963 Your brief must tell a compelling story, one that makes the appellate court want to rule in your favor before actually...
