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Harmless Error Doctrine Extends to Rule 12.02(6) Motion

Harmless Error Doctrine Extends to Rule 12.02(6) Motion

The Tennessee Court of Appeals recently released an opinion that provides a compelling insight into the sticky wicket of civil procedure. The facts of the case involve an otherwise pedestrian dispute between homeowners and their contracted buyer on one hand and an HOA...
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...
Sometimes a slip and fall is really just a slip and fall…

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...
Injured Patron Can’t Sue; Membership Agreement Waived Right

Injured Patron Can’t Sue; Membership Agreement Waived Right

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...

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