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...
Collateral Source Rule under Attack
This article by Donald Capparella originally appeared in the Tennessee Tort Law Letter. The Court of Appeals recently decided a case that will affect every personal injury case in Tennessee… Background Jean and Fred Dedmon filed a personal injury lawsuit against...
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...New Dog Bite Case Law in Tennessee
Dog bite cases can be particularly tricky. A recent Tennessee Court of Appeals ruling in the case Moore v. Gaut, No. E2015-00340-COA-R3-CV provides a good overview of the law on the subject and points to the simmering debate of whether specific breeds are inherently...Examining How Smith v. UHS of Lakeside Is Impacting Summary Judgment
In July 2014, the Tennessee Supreme Court issued its opinion in Smith v. UHS of Lakeside, Inc., 439 S.W.3d 303 (2014). The opinion addressed the correct procedure for a trial court to rule on summary judgment motions. In beginning its analysis, the Supreme Court noted...