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. Background Plaintiff James Boshears was a passenger in a vehicle...
Sometimes a slip and fall is really just a slip and fall…
The doctrine of res ipsa loquitur is a rule of evidence intended to assist the plaintiff who has no direct evidence of negligence by providing a way to have circumstantial evidence considered when a plaintiff is trying to proof negligence. The doctrine won’t...
Injured Patron Can’t Sue; Membership Agreement Waived Right
An exculpatory clause waives the right to sue. A recent Court of Appeals case shows that it the waiver can be far broader than you may realize. Case Sandra Gibson v. Young Men’s Christian Association of Middle Tennessee Background Plaintiff Sandra Young fell after...
Premises Liability Case Falls Short
Premises liability cases are often difficult, and the recent case of Mooney v. Genuine Parts Company d/b/a National Automotive Assoc. illustrates This premises liability case arose from a plaintiff’s fall at an auto parts store where she was inquiring about a job...