Where a trial court granted defendant’s motion for summary judgment in a Tennessee premises liability case without considering plaintiff’s motion to amend her complaint, summary judgment was vacated. In Shaw v. Metropolitan Government of Nashville and Davidson County, Tennessee, No. M2016-02455-COA-R3-CV (Tenn. Ct. App. Dec. 14, 2017), plaintiff was a…
Day on Torts
Tenant Salon Had No Duty to Clear Ice from Parking Lot
Where a business leased its store space in a shopping center, the lease provided that the landlord was responsible for the parking lot, and a customer entering the store had the option of parking on a clear parking lot and using clear sidewalks to enter the business, the business owed…
Sixteen-Year-Old Misrepresentation Claim Time-Barred
Where plaintiff could have discovered fire damage to her home by simply moving the refrigerator or looking in the HVAC return, the statute of limitations on her misrepresentation claims was not tolled under the discovery rule of the doctrine of fraudulent concealment. In Eldridge v. Savage, No. M2016-01373-COA-R3-CV (Tenn. Ct.…
Home Inspector Owes No Duty to Guest of Homebuyer
The Tennessee Supreme Court recently refused to recognize liability for potential negligence from a home inspector to the third party guest of the purchaser of a home. In Grogan v. Uggla, No. M2014-01961-SC-R11-CV (Tenn. Nov. 21, 2017), plaintiff was injured when he was a social guest at a home and…
Radiologist Found to be Apparent Agent of Hospital
Where the only notification a hospital provided to a patient that a radiologist was not an agent of the hospital was buried in fine print in admission forms and not highlighted in any way, the trial court’s finding that the hospital was vicariously liable for any fault assigned to the…
Nursing Home Arbitration Agreement Not Enforced
While the parties to an arbitration agreement may agree to “arbitrate threshold issues concerning the arbitration agreement,” issues concerning whether a contract was actually formed should be decided by a court. In Edwards v. Allenbrooke Nursing and Rehabilitation Center, LLC, No. W2016-02553-COA-R3-CV (Tenn. Ct. App. Oct. 26, 2017), plaintiff sued…
Facebook Post Ruled Not Defamatory
Social media and the ability to broadcast one’s opinions across the internet are raising many new issues in defamation law. A recent Tennessee case held that when a Facebook post and picture are posted together, they must be considered together and the communication should be analyzed in its entirety. In…
Medical Malpractice Defense Verdict Affirmed
In Commercial Bank & Trust Co. v. Children’s Anesthesiologists, P.C., No. E2016-01747-COA-R3-CV (Tenn. Ct. App. Oct. 25, 2017), plaintiffs were the legal guardian of a minor who, after a shunt revision, was no longer able to walk. Plaintiffs filed an HLCA suit, and after trial, the jury returned a verdict…
Court Rejects Assertion that Video of Crash Determined Fault Allocation as a Matter of Law
Even with video showing the crash, a court may find that there are issues of fact concerning fault allocation surrounding a car accident. In Trammell v. Peoples, No. M2016-02198-COA-R3-CV (Tenn. Ct. App. Oct. 11, 2017), plaintiffs were involved in a car accident with defendant. Defendant was driving a box truck…
Nurse Not Competent to Give Causation Testimony in Medical Malpractice Case
In a health care liability action, a plaintiff must show not only that the defendant breached the standard of care, but that such breach proximately caused the injury in question. Further, that causation testimony cannot come from a nurse. In Estate of Sample v. Life Care Centers of America, Inc.,…