This is a liquor liability case against a bar in East Tennessee known as the Electric Cowboy. After a night of drinking, Ashley Langworthy was driving her vehicle at a speed in the range of 83 to 94 mph when she lost control and struck a tree causing her vehicle…
Articles Posted in Premises Liability
Rhode Island Supreme Court Rejects Burn Injury Case – “Attractive Nuisance” Doctrine Not Applicable
The Rhode Island Supreme Court has held that a 17-year old young man could not rely on the attractive nuisance doctrine to impose liability on the State of Rhode Island. The plaintiff and some friends entered a closed mental health facility that was locked and marked "No Trespass." Along the…
Tennessee Man Who Suffered Severe Injuries From Fall While Assisting Neighbor Granted Jury Trial
Plaintiff Martin was an apprentice lineman for Upper Cumberland Electrical Membership Cooperative. He agreed to help a neighbor move an electrical line to a barn. As the plaintiff climbed the electrical pole which had been installed by the neighbor, the pole fell over and the Plaintiff sustained serious injuries from…
Tennessee Supreme Court Holds Inmate Assault is not Foreseeable Per Se
Should a county bear any financial responsibility when it fails to release a jail inmate on time and the inmate gets injured in an altercation when he should no longer have been in jail and therefore not in the position to be harmed. The Tennessee Supreme Court recently decided such…
Can A Police Officer Sue a 9-1-1 Caller For Failure to Warn of Danger of Assault?
A Texas police officer has sued a 9-1-1 caller for failing to warn the 9-1-1 official (and thus the police officer) that the police responding to the call would be walking into a dangerous situation. The responding officer was attacked by a man at the home who had allegedly been…
Landlord’s Common Law Duty to Alleviate Known Dangers Includes Dangers Posed By Vicious Dogs
The Connecticut Supreme Court has ruled that a landlord may be held liable for injuries caused by vicious dogs owned by its tenant. In Giacalone v. Housing Authority of the Town of Wallingford, No. SC 18669 (Conn. Sept. 18, 2102), plaintiff tenant sued defendant landlord for injuries sustained after plaintiff…
Tennessee Supreme Court Discusses Federal Preemption and Discretionary Function Immunity Under the GTLA
Rarely have so many resources been spent defending a claim that has a maximum value of $300,000, the cap on damages under the Tennessee Governmental Tort Liability Act. This case already wound its way to the Supreme Court in 2009, with the Court reaching a critical holding on duty…
Pit Bulls Declared Inherently Dangerous in Maryland
Tennessee personal injury lawyers will read with interest this opinion from the Maryland Court of Appeals that declares that pit bulls are inherently dangerous and thus are not subject to the "first-bite" rule. In Tracey v. Solesky, No. 53 (MD. Ct. of App. Apr. 26, 2012) the dog bite…
All You Want to Know About Bed Bugs and the Law
" Sleep Tight, Don’t Let the Bed Bugs Bite – The Impact of Bed Bugs on Our Daily and Legal Lives" is the new go-to resource on bed bug litigation. David E. Cassidy and others wrote this article for the Fall 2011 edition of FDCC Quarterly published by the Federation…
Suit Against Horse Owner Must Include Proof of Negligence
The Court of Appeals of Mississippi has ruled that a plaintiff injured when her vehicle collided with a horse on a dark roadway must prove that the horse owner was negligent is allowing the horse to be on the road. In other words, the mere fact that the fence did…