Fall at Convenience Center Not From “Open and Obvious” Cause; Plaintiff Entitled to Recover Damages
Getting a case reversed on appeal is difficult under any circumstances. Where negligence cases are concerned, it is particularly difficult. Negligence cases in Tennessee are governed by the principle of “comparative fault.” This means that, where premises liability...
Tennessee Survival Statute Still Confuses Practitioners
What do you do when a defendant dies before suit has been filed? The recent Tennessee Court of Appeals opinion in Putnam v. Leach reminds practitioners that the survival statute and the discovery rule are not the same thing. On February 2, 2015, Julia Putnam was...
Defendant Denied Chance to ID Other Parties Potentially At Fault; Affirmative Defense Reinstated
Naming “John Does” as defendants or comparative torfeasors is a necessary and customary practice in hit-and-run cases. This allows the parties to conduct discovery to identify information that can lead to a determination of who should be held at fault and...
Supreme Court Reaffirms Collateral Source Rule
On June 2, 2016, the Tennessee Court of Appeals issued its opinion in Dedmon v. Steelman, an opinion which was a shot heard around the State of Tennessee regarding its possible impact on the collateral source rule in Tennessee in thousands of personal injury...
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… Background This case concerns the enforcement of a settlement...