Day on Torts

SEPTEMBER 9, 2022

Defendant Wolf Tree (Wolf) filed a motion for summary judgment arguing that it owed no duty to plaintiffs because “its contract with SCES explicitly stated that it was not to prune service drops,” because “it had no statutory or common law duty,” and because “Plaintiffs could show no evidence of a negligent or intentional trespass or nuisance.”

Contract 52

Contract Tort Court Rules Statute 52

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. Code Ann. § 28-3-105.)

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

FEBRUARY 16, 2022

Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Regarding the claims against Goodall, the trial court had found in part that the claim was barred by the applicable statute of repose found in Tenn. internal citation omitted). Code Ann. §

Tort 59

Tort Construction Statute Court 59

Day on Torts

OCTOBER 24, 2022

UT had a contract with Erlanger Health System (Erlanger) to provide “residents and supervising professors, as well as ‘coverage’ consisting of physicians to staff the residency clinics at Erlanger.” Plaintiff argued that Erlanger’s payments to UT were essentially funneled to defendant, but the Court rejected this argument.

Tort 45

Tort Contract Court Statute 45

Day on Torts

SEPTEMBER 14, 2022

The homeowner who had hired the roofing company had entered into a separate contract with DSS, an equipment company, and rented scaffolding from them. After discovery, DSS filed a motion for summary judgment, which the trial court granted. Plaintiff then amended his complaint to assert claims against DSS as well.

Tort 59

Tort Construction Court Statute 59

Day on Torts

AUGUST 12, 2021

WTMG is a governmental entity under the definitions in the Governmental Tort Liability Act. According to plaintiff, this was enough to show that defendant was not an employee of WTMG, but the Court disagreed. Next, the Court looked at whether defendant received the same benefits as other employees.

Tort 59

Tort Court Statute Contract 59

Conflict of Laws

AUGUST 19, 2021

Historically, Nigerian courts have always exercised jurisdiction over a defined subject matter within a clearly specified territory as provided for under the Constitution of the Federal Republic of Nigeria 1999 (as amended) (the “Constitution”). ” [11]. .

Court 76

Court Contract Statute Laws 76