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 →

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 →

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 →

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 →

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 →

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 →