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Articles Posted in Miscellaneous

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Plaintiff Permitted to Proceed on Multiple Theories of Liability

In Commercial Painting Co., Inc. v. The Weitz Co., LLC, No. W2013-01989-COA-R3-CV (Tenn. Ct. App. June 20, 2016), the Court of Appeals reversed a trial court’s grant of summary judgment on claims for negligent and intentional misrepresentation. Plaintiff was a drywall subcontractor, and defendant was a general contractor with whom…

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No Reasonable Reliance in Money Washing Scheme

In a 40-plus page opinion that reads like a prince-handing-out-gold email scam, the Tennessee Supreme Court affirmed a trial court’s judgment that a plaintiff had not proven intentional misrepresentation because his reliance on the statements made could not possibly have been reasonable. In Estate of Lambert v. Fitzgerald, No. E2015-00905-COA-R3-CV…

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Gross Negligence Affirmed where Advertisement Misrepresented Mini Storage

In Kuhn v. Panter, No. M2015-00260-COA-R3-CV (Tenn. Ct. App. Nov. 25, 2015), the Court of Appeals affirmed a finding of gross negligence against the owners of a mini storage facility. Here, defendants had advertised the mini storage facility as “clean and dry.” Plaintiffs rented one of the units in 2011…

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Parents Win Dismissal of Case For Allowing Minor Daughter to Drive ATV

In Ward v. Ward, No. M2014-02237-COA-R3-CV (Tenn. Ct. App. Oct. 30, 2015), plaintiff sued for injuries her daughter sustained in an ATV accident. Daughter, who was 15 years old, was staying with her step-grandmother, the defendant in this action. Defendant gave daughter permission to drive defendant’s ATV to accompany defendant’s…

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Circumstantial Evidence and Summary Judgment

In Jenkins v. Big City Remodeling, No. E2014-01612-COA-R3-CV (Tenn. Ct. App. Sept. 29, 2015), plaintiffs had hired defendant general contractor to construct a home for them.  General contractor, in turn, had hired defendant flooring subcontractor for the project. When the home was almost complete, it caught fire and resulted in…

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The Probable Cause Defense to Malicious Prosecution Claims

A recent Court of Appeals decision serves as a good refresher on the elements and defenses in a malicious prosecution case. In Preston v. Blalock, No. M2014-01739-COA-R3-CV (Tenn. Ct. App. May 29, 2015), tenant’s plastic surgery business had signed a lease to rent landlord’s office suite. Tenant stopped paying rent,…

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