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....
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. ...
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… Background On October 14, 2011, Plaintiff Steven Kempson was traveling in his Toyota Tundra on I-24 in...Tort Law Blog: Is the Common Knowledge Exception Obsolete?
Last month we wrote about the common knowledge exception, and it crops up again this month. Lawyers, be warned: Even if the common knowledge exception applies in a health care liability case so that expert testimony is not required, the failure to file a certificate...
Court Rules on Parent Liability for Acts of Adult Son Living at Home
Parents of “boomerang kids” take note: the Tennessee Court of Appeals has noticed that the number of young adults ages 18 to 34 living with their parents climbed to over 32% in 2014. Read on to see what the Court determined in Riggs v. Wright and...