Since so many defendants are prone to protracting litigation in an attempt to avoid liability, or at least put off the inevitability of a judgment for the plaintiff, there are sometimes provisions in the law that require defendants to pay more than the judgment eventually entered by the court. Depending upon…
Articles Posted in Tennessee Law
Federal District Court Denies Summary Judgment in Tennessee Woman’s Premises Liability Case Against Retail Store
While Tennessee premises liability law imposes a general duty of care on landowners, including those who own retail stores, restaurants, and the like, proving fault in a particular case can sometimes be a difficult endeavor. This is because slip and fall, trip and fall, and fall-down lawsuits tend to be extremely…
Trucking Company Seeks to Avoid Personal Injury Lawsuit Based on Release that Injured Man Thought Pertained to Property Damage Only
It is truly appalling the lengths to which some businesses and insurance companies will go in order to limit or prevent recovery by those hurt due to the negligence of truckers and trucking companies. In the case discussed below, a professional trucker allegedly presented an accident victim with a document releasing the…
Tennessee Appellate Court Reverses Summary Judgment in Railroad Worker’s Injury Case
Usually, an employee who is hurt on the job is limited to pursuing benefits available under Tennessee’s workers’ compensation laws. These benefits include temporary disability, permanent disability, and medical benefits, but no compensation is provided for the worker’s pain and suffering or other non-economic damages. There are a few exceptions…
Tennessee Appellate Court Identifies Proper Family Member to Bring Wrongful Death Case Following Mother’s Death in Car Accident
When someone perishes in an accident caused by another party’s negligence, the victim’s family may be able to seek compensation for their loved one’s wrongful death in a court of law. Exactly who is entitled to bring the lawsuit is largely a matter of state law, but unique situations can occur…
Tennessee Court of Appeals Affirms Verdict in Favor of Injured Man in Tractor-Trailer Accident Case
When a case goes to trial, it is up to the trial court judge to determine the specific evidence that may be introduced by the parties and considered by the jury in deciding the issues. When one of the parties is aggrieved by an evidentiary ruling at trial, that party may…
Tennessee Court of Appeals Refuses to Enforce Pre-Injury Release Signed by Parent in Suit Brought by Child
If you have kids, you may have noticed a disturbing trend among businesses and organizations that cater to young people; birthday party venues, sports team organizers, and even some churches are requiring a signed release before a child is allowed to participate in recreational activities and other “kid-friendly” events. The reason, of course,…
East Tennessee Court Finds That Defendant Owed a Duty to Exercise Reasonable Care in Holding a Ladder for Plaintiff – Hoynacki v. Hoynacki
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,…
Tennessee Supreme Court Establishes New Rule for Collateral Estoppel in Civil Lawsuit Based on Injury to a Child – Bowen v. Arnold
Although the purposes of a civil lawsuit and a criminal prosecution are quite different, the issues in related civil and criminal cases may be very similar. For instance, in a car accident case, a defendant may be criminally prosecuted for driving under the influence of alcohol and may also be sued civilly…
Tennessee Court Remands Case Against Governmental Entity to Consider Whether Water Meter Placement Was a Discretionary Function – Fowler v. Estate of Jackson
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…