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...read more
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...read more
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...read more
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...read more
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...read more
Jefferson, Madison, and Hamilton could never agree on what "Necessary and Proper" meant in the Constitution.
200 years ago today, John Marshall wrote that Congress's acts must "consist with the letters and the spirit of the Constitution."
Happy Birthday, McCulloch v. Maryland https://t.co/Ofa6mb9y4s