Naming “John Does” as defendants or comparative torfeasors is a necessary and customary practice in hit-and-run cases. This allows the parties to conduct discovery to identify information that can lead to a determination of who should be held at fault and whether a defendant can be sufficiently identified to be served with process. The case of Santore v. Stevenson dealt with the...read more
This case is a good example of why attorneys should always demonstrate professionalism in their communications. You never know when your email to opposing counsel is going to turn up as an exhibit… Background This case concerns the enforcement of a settlement agreement following a car accident that occurred on August 22, 2008. The opinion excerpts a number of the e-mails between counsel,...read more
The recent Tennessee Court of Appeals case Nelson v. Myres, offers a succinct and helpful analysis as to who has the priority right to bring a wrongful death claim, particularly in the situation where the surviving spouse may bear some responsibility for the death. Sharon Myres died following a car accident. She was a passenger in a car being driven by her husband Charles Myres, and there were...read more
In a negligent entrustment action, the employer’s ability to control the employee when he leaves the premises is the essential issue. Knowledge of the employee’s incompetency is also important. Here, the facts didn’t establish that the employer was at fault. Background Plaintiff Christopher Dylan Thompson filed a negligent entrustment alleging that Best Buy was “negligent in allowing him...read more
For personal injury claims, exacerbation of previous injuries are fraught with peril. This recent Tennessee Court of Appeals case offers a bit of hope… Background On October 14, 2011, Plaintiff Steven Kempson was traveling in his Toyota Tundra on I-24 in Chattanooga when he was rear ended by a Chevrolet van driven by Pamela Casey. Kempson and his wife filed suit against Casey. Casey...read more
The recent Tennessee Court of Appeals case Boshears v. Brooks provides practitioners with a good framework for the application of the “Sudden Emergency Doctrine” in negligence actions. Background Plaintiff James Boshears was a passenger in a vehicle driven by his girlfriend, Nicole Penchion, when an automobile driven by Cleave C. Brooks struck his car. Boshears filed suit against...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