Injured Patron Can’t Sue; Membership Agreement Waived Right
An exculpatory clause waives the right to sue. A recent Court of Appeals case shows that it the waiver can be far broader than you may realize. read more
Premises Liability Case Falls Short
Premises liability cases are often difficult, and the recent case of Mooney v. Genuine Parts Company d/b/a National Automotive Assoc. illustrates read more
City Not Liable for Acts of Fleeing Suspect
The recent Tennessee Court of Appeals Holt v. City of Fayetteville examined the application of the public duty doctrine to bar a suit against a public employee.
Background
Henry Holt, Sr. died in a car accident when his car was struck by a police car driven by an individual – Misty Shelton – who had been placed under arrest by the Fayetteville Police Department. Mr. Holt’s family filed a wrongful death lawsuit on his behalf alleging that the arresting officer did not follow proper procedures in arresting Ms. Shelton by failing to properly restrain her, which then allowed her to flee in the police car that struck Mr. Holt’s car. The named defendants were the City of Fayetteville, the Fayetteville Police Department, John Doe Police Officer, and Misty Shelton. read more
Is a Picture Worth a Thousand Words of Medical Testimony?
In the recent Tennessee Court of Appeals case, Garvin v. Malone, the Plaintiffs wanted to introduce pictures of a damaged vehicle to prove the extent of the physical injuries they suffered in a car crash. It does raise an interesting question: what correlation is there between the damage that appears on a car following a collision and the injuries to the bodies inside that car? And does this rise to the level of relevant evidence? The trial court and Court of Appeals say yes… read more
Tennessee Rejects Preemption Rule When Vicarious Liability Admitted
Does comparative fault still apply for direct negligence claims when the employer has admitted vicarious liability? In its recent ruling on a Tenn. R. App. P. 10 Extraordinary Appeal, the Tennessee Court of Appeals has answered “yes.”
As a result of the recent ruling in Jones v. Windham, the Court of Appeals has rejected the so-called preemption rule, barring direct negligence claims against an employer when vicarious liability is admitted. Instead, the “non-preemption rule” applies as it comports with Tennessee’s system of comparative fault. read more