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).
Day on Torts
NOVEMBER 4, 2021
First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.” In Victory v. State , No. M2020-01610-COA-R3-CV (Tenn. internal citation omitted).
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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.
Day on Torts
SEPTEMBER 7, 2022
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.” Defendant filed a motion for summary judgment, citing plaintiff’s own deposition as evidence. Defendant was allegedly injured during the accident and filed this negligence suit.
Day on Torts
FEBRUARY 22, 2022
In support of its motion, the State pointed to deposition testimony that the structure in question was “funky,” was not something the State would have used at any point, and was available to consumers. Note: Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.
Day on Torts
OCTOBER 3, 2022
Because the TPPA is a relatively new statute, it has not been interpreted in many opinions. Note: Chapter 28, Sections 12 and 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. This ruling was affirmed in part and reversed in part on appeal. The TPPA, Tenn. Code Ann. §
Day on Torts
SEPTEMBER 9, 2022
The contract incorporated the terms of the SCES Manual, and looking at those two documents plus the deposition testimony from witnesses, the Court found that trees of a certain size and trees located beyond the 10-foot right of way were to be removed “at the sole discretion of SCES or SCES Project Representative.” internal citation omitted).
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