In a case about the demise of a family business, the Court of Appeals reversed trial court rulings for the plaintiff on tort claims of intentional interference with business relationships and conversion. In Grubb v. Grubb, No. E2023-01358-COA-R3-CV (Tenn. Ct. App. Jan. 8, 2025), the plaintiff and the defendant were…
Where the seller of real property was found not liable for negligent misrepresentation, the trial court’s finding of liability for negligence was reversed, as “a seller’s liability for the failure to disclose such material facts in a real estate transaction is coextensive with a party’s liability for fraudulent or negligent…
The sudden physical incapacitation doctrine was a defense to the plaintiff’s negligence claim in Elliott v. Monger, No. W2023-01783-COA-R3-CV (Tenn. Ct. App. Dec. 10, 2024). In Elliott, the plaintiff and defendant were involved in a car accident. The defendant was preparing to turn left onto an exit ramp, and the plaintiff…
Tennessee does not recognize a common law cause of action for wrongful foreclosure. In Case v. Wilmington Trust, N.A., No. E2021-00378-SC-R11-CV, — S.W.3d — (Tenn. Nov. 14, 2024), the Tennessee Supreme Court held that there is no tort for wrongful foreclosure in Tennessee. In the underlying case, plaintiff alleged that…
Where plaintiff brought a tort action against defendant based on defective products made pursuant to a contract between the parties, dismissal based on the economic loss doctrine was affirmed. In Vidafuel, Inc. v. Kerry, Inc., No. M2024-00041-COA-R3-CV (Tenn. Ct. App. Nov. 4, 2024), the plaintiff developed and distributed wellness…
There has been lots of confusion in Tennessee over how to obtain medical records of a deceased person. Some providers require that an estate be opened and a HIPAA-compliant authorization be signed by the personal representative of the estate before they will turn over medical records. This is a ridiculous…
A finding of trespass requires a court to award nominal damages under Tennessee law. In Dorer v. Hennessee, No. M2023-00729-COA-R3-CV (Tenn. Ct. App. Apr. 12, 2024) (memorandum opinion), the Court of Appeals overturned a trial court’s refusal to award damages after a trespass finding. While the Court deemed most of…
Where plaintiffs asserting a tortious interference with a business relationship claim could not show that the defendants intended to cause a breach or termination of the relationship, which had already been breached before defendants’ involvement, or that defendants acted with an improper motive, summary judgment for defendants was affirmed. In…
Where plaintiff was the passenger in a car accident that occurred when the vehicle she was riding in crashed into fencing and construction equipment owned by defendant construction company that was located in the right lane of a street, and plaintiff had settled with and executed a release of the…
Where a trial court’s judgment did not include a finding of joint-and-several liability, a defendant against whom a judgment was entered could not be credited with payments made by another defendant or by a non-party. In Gerrish & McCreary, P.C. v. Lane, No. W2022-01441-COA-R3-CV (Tenn. Ct. App. Dec. 5, 2023),…