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...
read moreLegislative Summary: The Long and the Tort of It
Here are a few items of interest to the tort law practitioner stemming from the Tennessee General Assembly’s last session… There are two new laws that relate to healthcare liability actions. One such law (HB0713/SB0889, sponsored by Rep. Wilburn, R-Somerville, and Sen. Kelsey, R-Germantown) limits certain information about a healthcare provider that can be “used” in a healthcare...
read moreCity 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...
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