New Case: Constructive Notice In Context of Premise Liability

July 15, 2015 • Civil Litigation, Dram Shop/Liquor Liability Law, Insurance Defense Litigation, News, Property • Steven J. Meisner

A new case filed June 15, 2015 in the Circuit Court of Appeals of Tennessee at Knoxville found that 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...

Tennessee Spoliation of Evidence – Intentionality and Prejudice

May 12, 2014 • Business and Contract Litigation, Civil Litigation, Construction Law, Dram Shop/Liquor Liability Law, Insurance Defense Litigation, News, Professional Liability • Steven J. Meisner

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...

Dram Shop: New Tennessee Case Interpreting Dram Shop Act And Whether “Sale” Occurred.

February 18, 2014 • Dram Shop/Liquor Liability Law, News • Steven J. Meisner

There is a new case in Tennessee interpreting the language if Tennessee’s Dram Shop Act, Tenn. Code Ann. §§ 57-10-101 – 102. The case is Widner v. Chattanooga Entertainment, Inc. d/b/a Electric Cowboy, (Tenn. Ct. App., Nov. 4, 2014)(“Electric Cowboy”). This was an appeal by...

Duty to Provide Security: General and Specific Threat of Third Party Criminal Conduct

February 10, 2014 • Civil Litigation, Dram Shop/Liquor Liability Law, Insurance Defense Litigation, News • Steven J. Meisner

The Tennessee Court of Appeals has penned a new decision addressing the duty of a bar to protect its patrons from the foreseeable criminal acts of third parties. The case name is Nicole Goeser, et al., v. Live Holdings Corporation, et al., (No. M2012-01241-COA-R3-CV; September...

Tennessee Dram Shop Act: “Visibly Intoxicated” Exception

November 11, 2013 • Dram Shop/Liquor Liability Law, News • Steven J. Meisner

The plain language of T.C.A. § 57-10-102(2) requires a sale of an alcoholic beverage or beer to “a visibly intoxicated person.” The adverb “visibly” means “capable of being seen” or “exposed to view.” Taking “visibly” together with “intoxicated”, the only logical conclusion is that Section...

Dram Shop/Liquor Liability Law

New Case: Constructive Notice In Context of Premise Liability

Tennessee Spoliation of Evidence – Intentionality and Prejudice

Dram Shop: New Tennessee Case Interpreting Dram Shop Act And Whether “Sale” Occurred.

Duty to Provide Security: General and Specific Threat of Third Party Criminal Conduct

Tennessee Dram Shop Act: “Visibly Intoxicated” Exception

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