A recent health care liability case illustrates the importance of putting your best case forward the first time around and not depending on appeals or “do-overs” to save your claims. In Shipley ex rel. Shipley v. Williams, No. M2014-02279-COA-R3-CV (Tenn. Ct. App. May 19, 2016), plaintiff brought suit in 2002…
In an extremely short opinion in a recent premises liability case, the Court of Appeals overturned a trial court and ordered summary judgment be entered for defendant on remand due to a release agreement plaintiff had signed. In Gibson v. Young Men’s Christian Association of Middle Tennessee, No. M2015-01465-COA-R9-CV (Tenn.…
The crash of the driverless Tesla car has made big news and has helped to generate additional, necessary discussion about the role such vehicles will play in our lives. There is little doubt that autonomous vehicles will be a part of our streets and highways – the push is too…
In Credential Leasing Corp. of Tenn., Inc. v. White, No. E2015-01129-COA-R3-CV (Tenn. Ct. App. May 17, 2016), plaintiff lender brought various claims against defendant lawyer, including claims for professional negligence and fraudulent misrepresentation, related to the drafting of a deed of trust. Defendant attorney prepared a 2010 deed of trust…
In Mooney v. Genuine Parts Co. d/b/a National Automotive Association, Inc., No., W2015-02080-COA-R3-CV (Tenn. Ct. App. May 11, 2016), the Tennessee Court of Appeals affirmed summary judgment for defendant retail store in a premises liability action. Plaintiff had entered the automotive parts store to apply for a job. After being…
A recent Court of Appeals case serves as a reminder of the difficulty of proving actual malice in a false light claim made by a public official. In Eisenstein v. WTVF-TV, No. M2015-00422-COA-R3-CV (Tenn. Ct. App. May 3, 2016), plaintiff was a Davidson County General Sessions Judge suing a TV…
In a 40-plus page opinion that reads like a prince-handing-out-gold email scam, the Tennessee Supreme Court affirmed a trial court’s judgment that a plaintiff had not proven intentional misrepresentation because his reliance on the statements made could not possibly have been reasonable. In Estate of Lambert v. Fitzgerald, No. E2015-00905-COA-R3-CV…
In Spires v. Simpson, No. E2015-00697-COA-R3-CV (Tenn. Ct. App. April 26, 2016), the Court of Appeals addressed an issue of first impression regarding the interpretation of a wrongful death statute related to a surviving spouse who has outstanding child support obligations. In this case, decedent mother was killed in a…
In Singletary v. Gatlinburlier, Inc., No. E2015-01621-COA-R3-CV (Tenn. Ct. App. April 25, 2016), the Court of Appeal affirmed summary judgment for defendants in a premises liability case. While visiting a retail store in Gatlinburg, a woman unexpectedly fainted and fell into a glass display case. The case shattered and a…
In Crutchfield v. State, No. M2015-01199-COA-R3-CV (Tenn. Ct. App. April 18, 2016), plaintiff sued the State for alleged negligence regarding a fire alarm in her college dorm room at Tennessee Technological University (TTU), a state university. While the claims commission found for plaintiff and awarded her damages, the Court of…