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Dance Party Results in Injuries But No Liability

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...

Tort Law Blog: Is the Common Knowledge Exception Obsolete?

Last month we wrote about the common knowledge exception, and it crops up again this month. Lawyers, be warned: Even if the common knowledge exception applies in a health care liability case so that expert testimony is not required, the failure to file a certificate...

New Case Law on the “Sudden Emergency Doctrine”

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...

Sometimes a slip and fall is really just a slip and fall…

The doctrine of res ipsa loquitur is a rule of evidence intended to assist the plaintiff who has no direct evidence of negligence by providing a way to have  circumstantial evidence considered when a plaintiff is trying to proof negligence.  The doctrine won’t...

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