Day on Torts

JUNE 7, 2022

Where plaintiff’s deposition created a “dispute of material fact” as to whether defendant had actual notice of the alleged dangerous condition in this GTLA premises liability case, summary judgment for defendant was reversed. M2021-00653-COA-R3-CV, 2022 WL 1652552 (Tenn. In Vaughn v. Coffee County, Tennessee , No.

Depositions 59

Depositions Tort Court Construction 59

Day on Torts

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

Tort 59

Tort Depositions Depose Court 59

Day on Torts

SEPTEMBER 7, 2022

E2021-01330-COA-R3-CV, 2022 WL 3570880 (Tenn. 19, 2022), plaintiff was a passenger while defendant was driving. During plaintiff’s deposition, he stated that defendant had “done what she had to do” and “acknowledged that he did not think she had done anything wrong.” In Owings v. Owings , No.

Tort 59

Tort Depositions Court Statute 59

Day on Torts

FEBRUARY 22, 2022

M2020-01626-COA-R3-CV, 2022 WL 244108 (Tenn. 27, 2022), plaintiff purchased a piece of property in a distress sale and did not perform an inspection before the purchase. Note: Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Walker v. State , No.

Tort 59

Tort Construction Depositions Statute 59

Day on Torts

MARCH 4, 2022

M2020-01507-COA-R3-CV, 2022 WL 420666 (Tenn. 11, 2022), plaintiff was injured in a one-car accident caused by tire debris on the interstate. Note: Chapter 30, Section 1 and Chapter 73, Section 6 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Walker v. McMillin , No.

Tort 59

Tort Depositions Court Statute 59

Day on Torts

OCTOBER 3, 2022

M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. 28, 2022), plaintiff was a real estate professional involved in some capacity with Durham Farms, which was a large residential community. Note: Chapter 28, Sections 12 and 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

SEPTEMBER 9, 2022

E2021-01085-COA-R3-CV, 2022 WL 3589838 (Tenn. 23, 2022), several insurance companies filed suit against the City of Sevierville, Sevier County Electric System (SCES), and Wolf Tree, who was SCES’s vegetation management contractor (the cases filed by the insurance companies were consolidated). Sevier County Electric System , No.

Contract 52

Contract Tort Court Rules Statute 52