Negligence lawsuits are comprised of four basic elements: duty, breach of duty, damages, and causation. Typically, the question of whether or not a duty existed in a particular case is a legal question that must be resolved by a judge, while the issue of whether that duty was, in fact,…
When a person is hurt because of the negligence of a business, individual, or branch of the government, he or she has the right to file a lawsuit seeking compensation for both economic and non-economic damages. With regard to economic damages, such as the costs of medical care necessitated by…
Governmental entities such as cities and utility companies enjoy governmental immunity against claims of liability pursuant to the Tennessee Governmental Tort Liability Act, Tennessee Code Annotated § 29-20-101 et seq. However, this immunity is not absolute. For instance, there is no immunity for a governmental entity when a citizen is injured by a…
After a lawsuit is filed, the parties usually engage in a period of discovery. Sometimes, this involves the defendant asking that an injured person undergo a medical examination by a doctor retained by – and paid by – the defense. Often, this doctor will have an opinion that conflicts with…
The Tennessee Court of Appeals recently vacated a trial court’s directed verdict for defendants in a premises liability action, concluding there existed genuine issues of material fact as to whether the defendant homeowners were negligent. The plaintiff was touring a rental house in Chattanooga owned by the defendants when she tripped…
In Coggins v. Holston Valley Medical Center, a woman and her spouse visited a patient in a Tennessee hospital. While at the medical facility, the woman apparently tripped over a feeding tube that was purportedly placed near the patient’s bed in a negligent fashion. As a result, the woman fell…
In Beverly v. Hardee’s Food Systems, LLC, a couple went to a Tennessee fast food restaurant for breakfast. Immediately after entering the establishment, the husband slipped and fell in a puddle that was on the floor. As a result, the man sustained an injury to his right ankle. The entire…
In Walden v. Central Parking System of Tennessee, Inc., a woman parked her car in a parking garage that was located near a medical facility where she had scheduled an appointment. After she returned to the garage to retrieve her vehicle, the woman was apparently injured when she fell on…
In Corley v. Wal-Mart Stores East, LP, a Tennessee woman injured her knee when she slipped on water that was spilled on the floor of an Antioch department store. As a result, the woman filed a premises liability and negligence lawsuit against the store in the Middle District of Tennessee…
The Western District of Tennessee has found that a customer is entitled to pursue her personal injury claim against a grocery store at trial. In Jackson v. Kroger Ltd. Partnership I, a woman and her mother visited a Tennessee grocery store. While shopping, the woman was apparently injured when she…