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The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.

No Liability for Fall on Defective Sidewalk

This is a good example of why lawyers need to develop (and use!) checklists for trial.  When you file suit after a fall on a defective sidewalk, you need to be sure you can elicit testimony not just that the sidewalk was defective but that it caused the fall…   This premises liability action arose following the fall of Shirley Lurks on a sidewalk. Mrs. Lurks and her husband filed a...

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Court of Appeals Provides Guidance on Statutory Summary Judgment Standard

The Tennessee Supreme Court’s 2015 decision in Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235 (Tenn. 2015) established that Tennessee generally follows the federal standard where summary judgment motions are concerned, but left many open questions–particularly regarding the interplay between the Rye decision and the pre-existing Tennessee statutory summary judgment...

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Dance Party Results in Injuries But No Liability

The Court of Appeals  recently examined potential liability from a deck collapse during a party attended by “a ridiculous amount” of high school students.  The upshot?  It seems like a determination that having lots of people jumping and dancing on a deck doesn’t make it forseeable that the deck could break and hurt people…  This negligence action arose following a high...

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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 This premises liability case arose from a plaintiff’s fall at an auto parts store where she was inquiring about a job opening. Plaintiff Carol Mooney visited the NAPA Auto Part in Alamo, Tennessee, to apply for a job but after determining that the...

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Court of Appeals Opinion Gives Guidance on Slip and Fall Cases

The recent Tennessee Court of Appeals opinion in Brown v. Mercer-Defriese  provides an excellent outline for proof to be presented in a premises liability action involving allegations of an unreasonably dangerous step. Nancy Brown, was at a rental property owned by Nancy Mercer-Defriese and Spencer Defriese, viewing the property as a prospective tenant. She tripped over a three-inch “step” or...

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