I’m often asked whether a party can disclaim negligence in a contract. The answer is “yes” unless you are providing professional services, such as legal services, medical treatment or home inspections. The following is a brief highlight of the law that applies. Continue reading
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
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
Slip & Fall – Constructive Notice Dangerous Condition
There is an interesting premise liability case filed last year in the Circuit Court of Appeals of Tennessee at Knoxville that found vomit on the floor of a Hardee’s restaurant for approximately three minutes was a sufficient length of time to charge defendant with constructive notice of the dangerous condition. Continue reading
Court Reaffirms Individual’s Duty to Take Care for His Own Safety
The Tennessee Court of Appeals recently ruled on a curious case 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
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
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:
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
Tennessee Dram Shop Act: “Service to Minor” Exception
The plain language of Tennessee’s Dram Shop Act, T.C.A. § 57-10-102(1), requires Plaintiff to prove, beyond a reasonable doubt, that the under-age patron was “known to be” under 21 at the time that he or she was served alcohol. Constructive knowledge is not enough. Continue reading
Tennessee Dram Shop Liability
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.