comparative fault Archives - Dodson Parker Behm & Capparella, PC

Fall at Convenience Center Not From “Open and Obvious” Cause; Plaintiff Entitled to Recover Damages

Jun 11, 2018

Getting a case reversed on appeal is difficult under any circumstances. Where negligence cases are concerned, it is particularly difficult. Negligence cases in Tennessee are governed by the principle of “comparative fault.” This means that, where premises liability...

Defendant Denied Chance to ID Other Parties Potentially At Fault; Affirmative Defense Reinstated

Apr 11, 2018

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...

More Traps for the Unwary in MedMal Cases

Aug 18, 2017

Timing is everything when it comes to adding alleged comparative tortfeasors. Unfortunately, this lesson is too often learned the hard way. Where medical malpractice is concerned, the lack of coordination between the drafters of the Health Care Liability Act with...

Tennessee Rejects Preemption Rule When Vicarious Liability Admitted

Apr 18, 2016

Does comparative fault still apply for direct negligence claims when the employer has admitted vicarious liability? In its recent ruling on a Tenn. R. App. P. 10 Extraordinary Appeal, the Tennessee Court of Appeals has answered “yes.” As a result of the...

Fall at Convenience Center Not From “Open and Obvious” Cause; Plaintiff Entitled to Recover Damages

Defendant Denied Chance to ID Other Parties Potentially At Fault; Affirmative Defense Reinstated

More Traps for the Unwary in MedMal Cases

Tennessee Rejects Preemption Rule When Vicarious Liability Admitted

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