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...
I recently wrote about a recent Court of Appeals decision on an insurance contract claim concerning several issues that come up in first-party bad faith claims against insurers, including the admissibility of evidence that would ordinarily amount to hearsay and excluded from introduction at trial....
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...
The Tennessee Legislature recently amended T.C.A. § 56-7-130, the statute requiring insurance carriers offering homeowner’s insurance in the state to “make available” sinkhole coverage to their insureds. The new statute clarifies sinkhole coverage is optional and available upon request by the insured. This...
Have you seen those cars around town with a pink mustache? The drivers of those cars are apparently associated with companies such as Lyft, Uber, and/or others. Through the use of a mobile app installed on a smartphone, rides may be provided to those who...
Those who have worked in the insurance industry are familiar with threats of lawsuits alleging bad faith, and many have actually been involved in such lawsuits seeking bad faith penalties. What may be less-known is a provision in the Tennessee Code that actually allows insurance...
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...
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...
If you read the news recently, a polar vortex is apparently responsible for the recent extreme cold temperatures throughout the nation. Here in Middle Tennessee, temperatures have been falling into the single digits, with some temperatures near zero. As you might imagine, this extreme temperature...
A recent Court of Appeals decision on an insurance contract claim brought to light several issues that come up in first-party bad faith claims against insurers. The Court of Appeals recently affirmed a trial court decision of an insurance case in John Riad v. Erie...