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

JULY 23, 2021

In his deposition, Mr. Tinnin stated that he bought the car for plaintiff, he intended it to be a wedding present for plaintiff, and that he purchased it for her personal use. Whether [plaintiff] was covered by either her or Mr. Tinnin’s auto policy is a question of contract, whereas the issue of liability is a question of negligence.

Depositions 59

Depositions Court Contract Court Rules 59

Day on Torts

AUGUST 11, 2021

Defendant’s first witness, Dr. Stewart, testified during his deposition about the difference between what medical providers bill and what is actually paid. The Court stated that the Tennessee Supreme Court has listed factors to be considered when determining the reliability of scientific testimony. quoting Dedmon v.

Compensatory Damages 59

Compensatory Damages Depositions Contract Court 59

Day on Torts

JANUARY 3, 2025

Plaintiff construction company should not have been allowed to file a deposition transcript related to its argument against dismissal under the TPPA after the TPPA hearing had concluded. In Kedalo Construction, LLC v. M2024-00224-COA-R3-CV (Tenn.

Construction 52

Construction Depositions Contract Court 52