Dance Party Results in Injuries But No Liability

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...
Dance Party Results in Injuries But No Liability

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....
Dance Party Results in Injuries But No Liability

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...

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...
Dance Party Results in Injuries But No Liability

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...

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