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…
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,…
The parents of the Sandy Hook Elementary School shooting have sued the shooter’s mother. The complaint alleges that the late Nancy Lanza, mother of Adam Lanza, negligently allowed her son access to the Bushmaster A-15 used in the shootings when she knew or should have known made her son a…
Here are the civil cases set for oral argument in Nashville on February 4 and 5, 2015: The Chattanooga-Hamilton Co. Hospital Authority d/b/a Erlanger Health Systems v. United Healthcare Plan of the River Valley, Inc. d/b/a Americhoice and TN Attorney General – Erlanger Hospital in Chattanooga filed suit against Americhoice…
The most recent version of my book, Compendium of Tort Reform Statutes and Related Case Law, 2008-2014, is now available. The book includes tort reform statutes enacted by the Tennessee General Assembly in the period indicated and reference to the appellate court decisions to-date that have interpreted those laws;…
In Bilbo v. Ocoee Place Condominium Homeowners Ass’n, No. E2013-02532-COA-R3-CV (Tenn. Ct. App. Dec. 12, 2014), plaintiffs filed suit alleging negligent construction of condos. Defendant HOA filed a motion for summary judgment stating that it did not own the property the condos were built on and that the HOA had…
In Tennessee, trial judges are allowed to convert Rule 12 Motions to Dismiss into Motions for Summary Judgment, but this action “should be taken only in rare cases and with meticulous care.” Thomas v. Transp. Ins. Co., 532 S.W.2d 266 (Tenn. 1976). The Court of…
The recent Tennessee Court of Appeals opinion n Davis v. Covenant Presbyterian Church discussed a host of issues. What is Required to Properly Allege Vicarious Liability? The Court of Appeals affirmed dismissal of vicarious liability claims against two religious organizations (one unincorporated and one a nonprofit corporation). The plaintiffs’ allegations against…
My newest book, Tennessee Law of Civil Trial, examines the law of trying civil cases in Tennessee state courts. Here is the Table of Contents: Chapter 1: Scheduling Orders Chapter 2: Final Pretrial Conferences Chapter 3: Motions in Limine Chapter 4: Jury Selection Chapter 5: The Rule Chapter 6: Opening…
Tennessee Law of Civil Trial has been printed and is now available for purchase. The 500+ page book is largely a discussion of the law of trying civil cases in Tennessee – the law of scheduling orders, pretrial conferences, jury selection, opening statement and closing arguments, use of depositions…