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. In Vaughn v. Coffee County, Tennessee , No. M2021-00653-COA-R3-CV, 2022 WL 1652552 (Tenn. internal citations omitted).

Depositions 59

Depositions Tort Court Construction 59

Day on Torts

FEBRUARY 22, 2022

Where the State had an easement on plaintiff’s property for the construction and maintenance of a drainage facility, but plaintiff had no evidence that the faulty concrete structure causing flooding on his property was installed by the State, summary judgment on his nuisance claim was affirmed. In Walker v. State , No.

Tort 59

Tort Construction Depositions Statute 59

Day on Torts

MAY 10, 2022

Plaintiff essentially argued that defendant “had constructive notice that [the dog] returned to the property and was inside Ms. Note: Chapter 29, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Branch’s mobile home on January 31 because [defendant] knew that Ms.

Tort 52

Tort Construction Court Depositions 52

Day on Torts

AUGUST 9, 2021

Defendant signed both his own name and plaintiff’s name on the check, then deposited the proceeds into a joint account he shared with his then wife. Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred.

Divorce 59

Divorce Cause of Action Statute Diligence 59

JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

Tort 35

Tort Litigation Litigating Manufacturing 35

JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. A tort action for intentional infliction of emotional distress is likely to fail. See Pennsylvania General Assembly Statute §7102.

Tort 36

Tort Litigation Litigating Manufacturing 36

JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

Tort 43

Tort Litigation Litigating Manufacturing 43