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Articles Posted in Tennessee Law

Tennessee Appellate Court Addresses Application of Non-Economic Damages Cap in Mesothelioma Wrongful Death Case
Mark Hartsoe

In a Knoxville personal injury or wrongful death lawsuit, several elements of damages are possible. Some of these are “economic damages,” such as medical costs and lost wages. Others are referred to as “non-economic damages.” Non-economic damages include such things as compensation for physical and emotional pain and suffering, loss of the ability to enjoy…

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Tennessee Court of Appeals Affirms $850,000 Verdict Against Grocery Store in Shopper’s Negligence Suit
Mark Hartsoe

When most people think about a Knoxville “slip and fall” case involving a grocery store, the stereotypical image that comes to mind is probably that of shopper slipping on a banana peel and landing squarely on his or her backside, embarrassed but no worse for the wear. The idea is almost comical. The reality of…

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Tennessee Supreme Court Says Common Knowledge Exception Applied in Health Care Liability Suit Against Salon for Masseur’s Alleged Sexual Assault
Mark Hartsoe

Pursuing a Knoxville personal injury case involves many steps. In addition to an investigation of the accident or other event giving rise to the potential litigation, certain paperwork must be filed with the court clerk in order to lodge the case with the appropriate trial court. In most cases, this paperwork includes a summons and…

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Tennessee Court of Appeals Reverses Lower Court’s Order That Granted Summary Judgment on Issue of Vicarious Liability in Fatal Car Accident Case
Mark Hartsoe

In cases in which a negligent driver was acting in the course and scope of his or her employment at the time of a serious East Tennessee car accident or fatal crash, the driver’s employer can be held vicariously liable for the harm that befell the accident victim. This is important because the employer is…

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Tennessee Court of Appeals Reverses Summary Judgment in Favor of College in Former Student’s Negligence Lawsuit Involving Alleged Hazing
Mark Hartsoe

When someone is harmed by the negligent actions (or the negligent failure to act) of a person acting within the course and scope of their employment, the law may impose “vicarious liability” against the employer. Typically, the employer’s liability insurance policy will cover such situations if a judgment is entered against the business or if…

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Tennessee Convenience Store Customer’s Claim for Damages After Fall in Parking Lot Should Not Have Been Dismissed on Summary Judgment
Mark Hartsoe

Proving liability in a Knoxville slip and fall case can be difficult. The landowner or store operate predictably blames the plaintiff for the fall in most cases, denying any liability for their own negligence. During the pretrial phase of the litigation, the trial court is often called upon to decide whether the plaintiff has enough…

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Tennessee Court of Appeals Reverses Summary Judgment to Retail Store in Customer’s Slip and Fall Case
Mark Hartsoe

Those who operate retail establishments such as stores or shoppes, owners of restaurants and bars, and other businesses are responsible for providing a reasonably safe environment to those who come onto their premises for a business purpose. When this duty is breached, a Knoxville premises liability lawsuit may result. In such a case, the plaintiff…

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Tennessee Appeals Court Rules in Plaintiff’s Favor on Pre-Trial Motion in Case Involving Allegedly Dangerous Drug
Mark Hartsoe

Knoxville medical malpractice cases and product liability lawsuits are typically quite different – different theories of liability, different possible defendants, and different possible damages. It is rare that these two types of cases get “mixed up” or combined into a single lawsuit. However, there are a few exceptions to this general rule. A recent case…

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Tennessee Court of Appeals Reduces Remittitur Issued by Trial Court in Tractor Trailer Accident Case
Mark Hartsoe

In a Tennessee truck accident case, an injured person may be able to recover money damages for several different types of loss, including loss of earning capacity. In simple terms, this means that the defendant has to pay the plaintiff the money that he or she would have been able to earn but for the…

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Tennessee Appellate Court Finds Conflict Between City’s On-the-Job-Injury Policy and State Statute Setting Forth Presumption in Firefighter Death Cases
Mark Hartsoe

Most workers in Tennessee are covered by workers’ compensation laws. However, some are not. For example, some public employees are not entitled to benefits under the same system that a fast food restaurant employee or factory worker would be covered. In such cases, the employee (or, in a fatal illness or accident case, the worker’s…

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