In a recent Tennessee construction accident, an appellate decision was announced after a construction worker fell from scaffolding while working in a factory. The worker ran an extension cord over the warehouse floor so that he could reach an outlet in which to plug in a screw gun that he would use to…
Tennessee Injury Lawyer Blog
Spoliation of Evidence in Tractor-trailer accident in Tennessee
In a recent Tennessee appellate decision, the court considered a lawsuit arising out of a tractor-trailer accident. One of the plaintiffs was hauling a trailer owned by the defendant with an over-the-road tractor. The hauler’s wife was riding as a passenger on the accident date. The hauler and his wife…
Court of Appeals Imposes Sanctions for Failure to Comply with Independent Medical Evaluation
In personal injury and car accident cases, one of the central issues that a jury must decide is whether a plaintiff has been injured and, if so, the extent of those injuries. This is typically done through the introduction of medical bills, statements of medical providers, and disclosure of results…
Tennessee Court Denies Injury Claim for Plaintiff Hurt on Work Detail
When a defendant causes a plaintiff’s injury, it is generally understood that the plaintiff can bring a lawsuit against the defendant if there is a basis to do so. For example, if the defendant rear ends the plaintiff in a car accident, the plaintiff may sue for those injuries. Or…
Court Denies Unjust Enrichment Claim When Wrongful Death Proceeds Paid to Wrong Plaintiff
Tennessee law provides very clear instruction and directives on who may bring a wrongful death claim on behalf of a loved one. Generally, such claims are limited to spouses or children unless neither such relationship exists. While this may seem straightforward, complicated questions can arise when individuals are in estranged…
Court Finds Issues of Material Fact As To Whether Owner Acted With Reasonable Care
In premises liability cases we often think of claims as being brought by outside third parties who are visiting a property but have no particular affiliation to it. These can be customers who enter a store, delivery men dropping off a package, or party guests coming over for a night…
Court Finds School Negligent For Failing to Place Proper Warning Signs
While in most situations it is preferable for Tennessee property owners to avoid dangerous conditions on their property altogether, in some cases it simply is not possible for owners to do so. They may need to make a repair, update construction, or start a project that necessarily leaves a dangerous…
Tennessee Court Denies Additur in Wrongful Death Case
SONY DSC All individuals have the constitutional right to have a jury hear their claims. This means that a jury, in addition to a judge, will listen to the facts of the case and determine whether the defendant should be found liable for his or her actions, and what amount…
Tennessee Court Finds No Liability Where Danger Only Became Known At Time of Accident
Knowledge is a central component of any Tennessee negligence claim. In order for one party to be held liable for negligence toward a dangerous condition that leads to the injury of another, that party must have actual or constructive knowledge that the dangerous condition existed. This protects individuals from being…
Court Finds That Employer Not Responsible For Conduct of Independent Contractor
If you have been involved in a Tennessee automobile accident and are considering whether to file a lawsuit, one of the questions that you must contemplate is whether the defendant is going to have the funds, or insurance, necessary to pay for any damages that you may be awarded. When…