The Eastern Section of the Tennessee Court of Appeals has ruled that comparative fault applies to cases tried under a nuisance theory. According to the opinion, “[t]he Complaint alleged that plaintiffs and defendants own adjoining property and that defendants constructed a private road on their property through an area of…
The Supreme Court of South Dakota has ruled that in a civil action arising out of the decedent’s death by suicide the jury should have been instructed to “evaluate the effect of [the decedent’s] mental incapacity in judging [the decedent’s] contributory negligence.” Because the jury was instructed to use the…
A defendant found 100% at fault claimed it should get the benefit of plaintiff’s settlement with a prior defendant. The Tennessee Supreme Court said “No” in an opinion authored by Justice Anderson. This result is correct. While it is true that the plaintiff here recovered 150% of his damages (because…
With several important limitations, T.C.A. ㋔ 20-1-119 permits a plaintiff to add parties defendant to a case even if the statute of limitations has expired. The triggering event for adding nonparties as parties is typically language in the defendant’s answer or amended answer. Rather than waiting for the defendants to…
Can a plaintiff who may be at fault assert res ipsa loquitur in a jurisdiction that has adopted comparative negligence? The Eighth Circuit Court of Appeals recently examined this issue under Iowa law. The Court held that the Iowa Supreme Court would not require a plaintiff to disprove his or…