Summary Judgment Affirmed Where Dog Had Never Bitten Anyone Before
In 2007, the Tennessee legislature enacted Tenn. Code Ann. § 44-8-413, which addresses injuries caused by dogs. This statute draws a distinction between (1) injuries caused by a dog “running at large”...
View ArticleNo Causation Found For Plaintiff Injured by Dorm Fire Alarm
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...
View ArticleSexual Assault in School: Duty Turns on Material Fact Dispute
In Richardson v. Trenton Special School Dist., No. W2015-01608-COA-R3-CV (Tenn. Ct. App. June 27, 2016), the Court of Appeals reversed summary judgment in a negligence case due to fact issues...
View ArticleFitness Facility Had No Duty to Use AED on Injured Patron
In Wallis v. Brainerd Baptist Church, No. E2015-01827-SC-R11-CV (Tenn. Dec. 22, 2016), the Tennessee Supreme Court analyzed claims against the seller of an AED, and though the claims were framed in the...
View ArticleEmployer Liability for Criminal Acts of Employees
In Fletcher v. CFRA, LLC, No. M2016-01202-COA-R3-CV (Tenn. Ct. App. Mar. 8, 2017), the Tennessee Court of Appeals affirmed summary judgment, finding that defendant restaurant owner was not vicariously...
View ArticleTennessee Supreme Court Defines Factors For Enforcing Exculpatory Agreements
Where a medical transportation company had a patient sign an exculpatory agreement (commonly called “waiver forms”), the Supreme Court held that the agreement was not enforceable because of the...
View ArticlePre-Suit Waivers of Liability in Tennessee
Those interested in the current law of Tennessee on the issue of whether contractual waivers of liability are enforceable in Tennessee may wish to read my recent article in Tennessee Bar Journal....
View ArticleCollege had duty to student where fraternity hazing was foreseeable.
Where plaintiff knew that he would likely be paddled before joining a fraternity but did not understand the full scope of the hazing he would endure, summary judgment based on the plaintiff’s...
View ArticleDismissal of negligent retention claim affirmed
A plaintiff alleging negligent retention “has the burden of showing that the employee or independent contractor was not qualified to perform the work for which he was hired,” and that “the employer had...
View ArticleSummary judgment affirmed where defendant tested negative for STD he...
Where plaintiff had not been tested for specific STD before relationship with defendant, and defendant presented uncontradicted medical proof that he did not have said STD, summary judgment in case...
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