A Surprising Statute of Limitations for Personal Injury

In Tennessee, lawyers know that the one-year statute of limitations for personal injury matters is an unforgiving deadline.  But, in car wreck cases (as illustrated by the recent case of Bates v. Green) there is at least one circumstance in which a different statute of limitations applies… [Read more…]

Settlement Agreement Enforceable; Attorney Emails Are the Proof

This case is a good example of why attorneys should always demonstrate professionalism in their communications.  You never know when your email to opposing counsel is going to turn up as an exhibit… [Read more…]

Wrongful Death Claims Present Challenges for Surviving Family Members

The recent Tennessee Court of Appeals case Nelson v. Myres, offers a succinct and helpful analysis as to who has the priority right to bring a wrongful death claim, particularly in the situation where the surviving spouse may bear some responsibility for the death. [Read more…]

Employer Not Responsible For Injuries to Employee Who Was Sent Home For Suspicion of Drug Use

In a negligent entrustment action, the employer’s ability to control the employee when he leaves the premises is the essential issue. Knowledge of the employee’s incompetency is also important.  Here, the facts didn’t establish that the employer was at fault.  [Read more…]

Jury Verdict Reversed; Personal Injury Claim Reinstated

For personal injury claims, exacerbation of previous injuries are fraught with peril.  This recent Tennessee Court of Appeals case offers a bit of hope… [Read more…]

New Case Law on the “Sudden Emergency Doctrine”

The recent Tennessee Court of Appeals case Boshears v. Brooks provides practitioners with a good framework for the application of the “Sudden Emergency Doctrine” in negligence actions.   [Read more…]