Tennessee cities, counties and other types of governmental entities are generally immune from suit for damages arising from personal injury and wrongful death claims. However, a special law, the Governmental Tort Liability Act (GTLA), allows Tennessee cites and counties to be sued for pseronal injury or wrongful death under certain…
In a recent premises liability case, the Tennessee Court of Appeals overturned a trial court decision for plaintiff on the basis of lack of actual or constructive notice of a dangerous condition, a key element in any premises liability case. In Barkley v. Shelby Co. Board of Educ., No. W2014-00417-COA-R3-CV…
In case you have been living under a rock and have not heard, there are at least 121 confirmed cases of the measles traced from an outbreak at Disneyland in California in December. The outbreak is significant for a number of reasons: 1. Last year, the U.S. had a record…
In Holland v. K-VA-T Food Stores, Inc., No. E2013-02798-COA-R3-CV (Tenn. Ct. App. Jan. 13, 2015) we have a rather typical trip and fall case – one similar to that Tennessee personal injury lawyers are called about quite frequently. Ms. Holland sued defendant property owner for injuries incurred when she fell over a curb…
In Akridge v. Fathom, No. E2014-0071-COA-R9-CV (Tenn. Ct. App. Jan. 7, 2015), plaintiffs filed a premises liability action after being injured in a shooting that occurred just outside defendants’ business. Defendants operated a music venue/club targeted to at-risk youth including gang members. Plaintiffs attended a…
In Hannah v. Sherwood Forest Rentals, LLC, No. E2014-00082-COA-R3-CV (Tenn. Ct. App. Nov. 17, 2014), plaintiff filed a premises liability action against a cabin rental company and the cabin owners. Plaintiff, a guest at the cabin, alleged that she arrived at a rental cabin after dark, ascended the stairs to…
Tthis is a premise liability case arising from the collapse of a bench in a handicap shower at the defendant’s hotel. Upon checking into their handicap room at the Holiday Inn Express, the Parkers noticed the bench in the handicap shower appeared to be loose. The brackets were pulled away…
In the recent premises liability opinion of Wolfe v. Felts, Jr. No. W2013-01995-COA-R3-CV (Tenn. Ct. App. May 29, 2014), the court of appeals affirmed a trial court’s decision to grant directed verdict in favor of defendants in a case where plaintiff fell on ice that had formed in front of…
The Tennessee Court of Appeals recently affirmed the dismissal of plaintiff’s premises case in Smith v. Stanley, No. E2013-00886-COA-R3-CV (Tenn. Ct. App. May 12, 2014). Plaintiff visited a cabin with her sister and cousin. The cabin was owned by defendants, who are plaintiff’s aunt and uncle. Plaintiff was the first…
This is a slip and fall case. The plaintiff was engaged to the defendants’ daughter. On multiple occasions, the defendants had hosted the plaintiff at their lake home for extended visits. In the summer of 2010, the plaintiff was again the invited guest of the defendants. Shortly before his visit, the power company…