Parents of “boomerang kids” take note: the Tennessee Court of Appeals has noticed that the number of young adults ages 18 to 34 living with their parents climbed to over 32% in 2014. Read on to see what the Court determined in Riggs v. Wright and...
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...
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...
An exculpatory clause waives the right to sue. A recent Court of Appeals case shows that it the waiver can be far broader than you may realize. Case Sandra Gibson v. Young Men’s Christian Association of Middle Tennessee Background Plaintiff Sandra Young fell after...
Premises liability cases are often difficult, and the recent case of Mooney v. Genuine Parts Company d/b/a National Automotive Assoc. illustrates This premises liability case arose from a plaintiff’s fall at an auto parts store where she was inquiring about a job...
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...
In the recent Tennessee Court of Appeals case, Garvin v. Malone, the Plaintiffs wanted to introduce pictures of a damaged vehicle to prove the extent of the physical injuries they suffered in a car crash. It does raise an interesting question: what correlation is...