New Case Law on the “Sudden Emergency Doctrine”

Aug 29, 2016

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…

Aug 1, 2016

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...

Injured Patron Can’t Sue; Membership Agreement Waived Right

Jul 26, 2016

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 Case Falls Short

Jul 1, 2016

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...

City Not Liable for Acts of Fleeing Suspect

Jun 13, 2016

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...

Is a Picture Worth a Thousand Words of Medical Testimony?

May 12, 2016

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...

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...