Settlement Agreement Enforceable; Attorney Emails Are the Proof
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...
Wrongful Death Claims Present Challenges for Surviving Family Members
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....
Employer Not Responsible For Injuries to Employee Who Was Sent Home For Suspicion of Drug Use
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. ...
Jury Verdict Reversed; Personal Injury Claim Reinstated
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...
