Category Archives: Uncategorized

No Duty to Prevent Employee from Leaving the Premises Driving Own Vehicle Intoxicated

There is no duty to prevent an employee from leaving the premises driving his own vehicle while intoxicated. Thompson v. Best Buy Stores, 2016 WL 6946786 (Tenn. Ct. App., June 21, 2016). This is a companion case to Lett v. Collis Foods Inc., 60 S.W.3d 95 (Tenn. Ct. App. 2001), which addressed for the first time the question of an employer’s duty to an injured third person to prevent an impaired employee from driving his or her own vehicle. See also Williams V. Walmart Stores East LP, 832 F. Supp. 2d 923, 928 (E.D. Tenn. 2011). Continue reading

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Summary judgment ruling from the Davidson County Circuit Court in a slip and fall case

This is a good summary judgment ruling from the Davidson County Circuit Court in a slip and fall case.  Boykin v. Moorehead Living Trust, 2015 WL 3455433 (Tennessee Court of Appeals, May 29, 2015).  This case came out of Sixth Circuit in Davidson County Tennessee.  The Court of Appeal affirmed summary judgment in favor of the property owner after plaintiff tripped and fell on a concrete landing pad in a parking lot. Continue reading

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Court Reaffirms Individual’s Duty to Take Care for His Own Safety

The Tennessee Court of Appeals recently ruled on a curious caseSlip and Fall of slip-and-fall.  In the case of Petros Goumas v. Jimmy Mayse, et al., the Tennessee Court of Appeals in Knoxville found that the Trial Court correctly granted summary judgments to the defendants.  The plaintiff was the fiancé of the daughter of the defendants, Jimmy Mayse and wife, Barri Mayse.  Goumas was staying with his future in-laws when he slipped on a rock and broke his arm.  It was daylight and dry at the time of the accident.  Goumas had worked on the property before and knew where the rock was located. Continue reading

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Tennessee Spoliation of Evidence – Intentionality and Prejudice

The doctrine of spoliation of evidence can cause major problems for both plaintiffs and defendants in civil litigation.  Often times, months or years pass before the defendant is notified of a claim.  As a result, defendants may have no notice that there is a duty to preserve evidence relevant to future litigation until after the evidence is discarded, lost or destroyed during the normal course of business.  It is paramount, therefore, that businesses understand the rules associated with spoliation of evidence and adopt sound policies and procedures to (a) identify a potential claim; and (b) take reasonable steps to preserve evidence material to the claim. Continue reading

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Legislative Update: Senate Bill 56 Effective July 1, 2013

Senate Bill 56 has been assigned Public Chapter 317 by the Secretary of State.  The Act became official on April 29, 2013, and will be effective for all actions accruing on or after July 1, 2013.  For those defending bars, restaurants, and premise owners at large, this Act overturns joint and several liability for intentional torts on premises.  Here is a link to the Bill:

http://state.tn.us/sos/acts/108/pub/pc0317.pdf

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Legislative Update: TN Tort Reform SB 56 / HB 1099

I have been reporting on some changes to tort reform in Tennessee that will positively affect Tennessee premise owners.  Please see my prior post on this legislation for a more detailed discussion.  In sum, House Bill 1099 overturns joint and several liability in several key situations.  It recently passed the Tennessee House and is now on Governor Haslam’s desk for passage. Here is a link to the Bill Summary:

http://wapp.capitol.tn.gov/apps/billinfo/BillSummaryArchive.aspx?BillNumber=SB0056&ga=108

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Tennessee Dram Shop Liability

 

Bartender

Traditionally, the term “dram shop” referred to a shop where spirits were sold by the dram, a small unit of liquid.  A dram is nearly equivalent to a teaspoon and in years past was used to refer to a small amount of Scottish whiskey.  So, if you want to befuddle your local barkeep, try ordering a “wee dram of Laphroaig” in your best Scottish accent.

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