Only a few days remain for the opportunity to register for the Fundamentals of Civil Litigation in Tennessee seminar! This is a two-day program designed to help new lawyers grasp practical matters of civil litigation. In addition to hearing lectures on many substantive and procedural aspects of Tennessee civil litigation,…
Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. In Costner v. Maryville-Alcoa-Blount County Parks & Recreation Commission, No. E2021-00189-COA-R3-CV,…
In a recent HCLA case, the Court of Appeals affirmed the trial court’s denial of defendant’s motion to compel arbitration, agreeing that the arbitration agreement was an unenforceable contract of adhesion. In Stancil v. Dominion Crossville, LLC, No. E2021-01378-COA-R3-CV (Tenn. Ct. App. July 29, 2022), plaintiff filed an HCLA claim…
Where plaintiffs could have discovered in October 2009 that funds had been transferred out of an account payable to them upon decedent’s death and into an account payable to defendant, the conversion claim filed in 2019 was time-barred. In Kidd v. Lewis, No. E2021-01156-COA-R3-CV, 2022 WL 2866006 (Tenn. Ct. App.…
Where a premises liability plaintiff tripped when her shoe heel went into a small divot in an outdoor stairway that was “mere centimeters thick,” summary judgment for defendant was affirmed on the basis that the divot “amounted to a minor aberration and…the defendants did not owe her a duty of…
Where defendant shared truthful information that was a matter of public record “concerning a matter of public significance,” summary judgment on plaintiffs’ claims for intentional and/or negligent infliction of emotional distress and invasion of privacy was affirmed. In Adreacchio v. Hamilton, No. M2021-01021-COA-R3-CV, 2022 WL 2718659 (Tenn. Ct. App. July…
Where plaintiffs filed tort claims related to a car accident, and those tort claims were not compulsory counterclaims in a previous action filed by defendant against plaintiffs based on the same accident, the ruling that plaintiffs’ claims were barred by the doctrine of res judicata was reversed. In Albers v.…
Where defendant attorneys filed an affidavit stating that they had complied with the applicable standard of care, and plaintiff failed to respond with any expert evidence contradicting this affidavit in support of his legal malpractice claim, summary judgment was affirmed. In Grose v. Kustoff, No. W2021-00427-COA-R3-CV, 2022 WL 2347798 (Tenn.…
A lawyer who surreptitiously helped his client during a remote deposition was sanctioned by the court. The lawyer was disqualified from the case and the plaintiff will be permitted to the right to play and highlight to the jury the recorded exchanges of [lawyer’s] witness-leading comments . . . .” …
The Law Offices of John Day, P.C. is pleased to announce that we’re back with our Fundamentals of Civil Litigation in Tennessee seminar! This is a two-day program designed to help new lawyers grasp practical matters of civil litigation. In addition to hearing lectures on many substantive and procedural aspects…