Day on Torts

NOVEMBER 17, 2022

On appeal, dismissal of the trespass claim was vacated due to the trial court applying the wrong intent standard to the tort of trespass. Note: Chapter 104, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Barrios v. Simpkins , No.

Tort 59

Tort Statute Court Litigation 59

Conflict of Laws

AUGUST 15, 2024

The book is based on Dr. Ekaterina Aristova’s PhD thesis, completed at the University of Cambridge and subsequently refined through postdoctoral research at the University of Oxford. The core content of the book spans eight chapters across 297 pages, excluding the preface, series editor’s preface, table of contents, and index.

Tort 64

Tort Litigation Litigating Court 64

Day on Torts

JUNE 21, 2022

Thus, even assuming arguendo that a valid contract for continued possession of the personalty existed, [plaintiff] has not alleged an ownership interest of any kind sufficient to meet the true owner element of the tort of conversion. Click on the link to see the book’s Table of Contents. internal citation omitted).

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Tort Divorce Statute Contract 59

Day on Torts

JUNE 13, 2022

Note: Chapter 28, Section 11 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Litigation Litigating Tort Divorce 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. internal citation omitted).

Tort 59

Tort Construction Depositions Statute 59

Day on Torts

MARCH 24, 2022

Note: Chapter 90, Section 16 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases. In Jones v.

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Statute Tort Manufacturing Court 59

Day on Torts

OCTOBER 18, 2022

Note: Chapter 41, Section 8 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Tort Statute Court Laws 59

Day on Torts

JUNE 7, 2022

Plaintiff alleged that the toilet in his cell leaked, causing water to accumulate in the floor, which caused him to slip and badly injure his hip one day when he was hurriedly getting his plate of food from an officer at the front of his cell. On appeal, this ruling was reversed. Under Tenn. Code Ann. § internal citations omitted).

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Depositions Tort Court Construction 59

Day on Torts

SEPTEMBER 7, 2022

Note: Chapter 73, Section 6 and Chapter 106, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Tort Depositions Court Statute 59

Day on Torts

FEBRUARY 24, 2022

The Court concluded that “in light of [defendant’s] inaction after the prior entry, it may be implied that [plaintiff] had his permission to come onto the property on the day of the incident.” Fuqua , No. M2021-00107-COA-R3-CV, 2022 WL 244532 (Tenn. 27, 2022), plaintiff’s father and defendant were neighbors. Code Ann. §§ 39-14-405 to -407.”

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Tort Court Statute Litigation 59

Day on Torts

MAY 18, 2022

The tort claims in this case were subject to the three-year statute of limitations applicable to injuries to real property, and the Court of Appeals agreed that this limitations period would not be tolled by the discovery rule under the facts here. Click on the link to see the book’s Table of Contents. In Simpkins v. Code Ann. §

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Tort Statute Diligence Contract 59

Day on Torts

FEBRUARY 16, 2022

Note: Chapter 41, Section 7 and Chapter 89, Sections 1 and 6 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Note: Chapter 41, Section 7 and Chapter 89, Sections 1 and 6 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Construction Statute Court 59

Rocket Matter

SEPTEMBER 26, 2023

Social media prompts: Create a list of 10 LinkedIn post ideas for a mass tort firm that specializes in Brainstorm 20 post ideas for our CEO’s personal LinkedIn page to position them as a thought leader on California divorce law Create a LinkedIn post on how my business law firm is accepting new clients 5. Download free guide 4.

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Law Firm Law Firms Drafting Laws 96

Day on Torts

SEPTEMBER 14, 2022

A premises liability plaintiff must prove the elements of the tort, but must also “first prove that a dangerous or defective condition existed on the owner’s property” and must show that the defendant either created the dangerous condition or had actual or constructive notice of the condition. In Lynch v. internal citations omitted).

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Tort Construction Court Statute 59

Day on Torts

FEBRUARY 17, 2022

On the day of the incident, the minor child had come to the property with his mother for a bible study. Note: Chapter 89, Sections 4 and 10 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Click on the link to see the book’s Table of Contents. In Kelly v.

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Construction Tort Statute Court 59

Day on Torts

MARCH 4, 2022

Where defendant was driving a truck that had a blowout on the interstate, defendant did not have a duty to remove the tire debris from the road. In Walker v. McMillin , No. 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.

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Tort Depositions Court Statute 59

Day on Torts

JANUARY 31, 2023

After a two-day jury trial, the jury awarded plaintiff $16,720, which included $12,270 for medical expenses, $3,000 for past pain and suffering, $1,00 for past loss of enjoyment of life, and no award for future pain and suffering or loss of enjoyment of life. In Besses v. Killian , No. M2021-01121-COA-R3-CV (Tenn. internal citation omitted).

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Tort Court Statute Laws 52

Day on Torts

NOVEMBER 15, 2022

Note: Chapter 28, Section 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Prima Facie Case Tort Statute Construction 59

Day on Torts

JANUARY 25, 2022

When the Division of Claims took no action within 90 days, husband filed a complaint with the Claims Commission. Note: Chapter 98, Section 7 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Click on the link to see the book’s Table of Contents. Pursuant to Tenn.

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Tort Statute Court Laws 52

Day on Torts

JUNE 15, 2022

Note: Chapter 41, Section 21 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases. In Polhamus v.

Contract 52

Contract Tort Statute Government 52

Day on Torts

FEBRUARY 10, 2022

Note: Chapter 64, Section 5 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases. Code Ann.§

Legal 59

Legal Legal Tort Statute 59

Day on Torts

FEBRUARY 24, 2022

Note: Chapter 25, Section 10 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

Tort 59

Tort Personal Injury Court Rules Court 59

Day on Torts

FEBRUARY 8, 2022

It was during the informed consent meeting that [defendants] mispresented Dr. Note: Chapter 40, Section 1; Chapter 42, Section 2; Chapter 46, Section 2; and Chapter 47, Sections 1 and 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Court Statute Court Rules 59

Day on Torts

OCTOBER 3, 2022

Where plaintiff real estate professional brought an action for defamation and false light based on an online review written by defendant, defendant moved to dismiss the action pursuant to the Tennessee Public Participation Act (TPPA). In Charles v. McQueen , No. M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. The TPPA, Tenn. Code Ann. § citing Tenn.

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Prima Facie Case Tort Real Estate Statute 59

Day on Torts

AUGUST 10, 2022

Note: Chapter 41, Sections 7 and 25 and Chapter 89, Section 5 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

Statute 59

Statute Tort Construction Court 59

Day on Torts

MAY 11, 2022

Note: Chapter 46, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases. Code Ann. § Code Ann. §

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Tort Statute Cause of Action Court 59

Day on Torts

MAY 10, 2022

Defendant also served Branch with a 30-day eviction notice. First, the Court considered whether defendant satisfied its duty of care to third persons on January 10, the day it learned of the first dog bite. Defendant learned of this attack on January 10, 2018 and immediately ordered Branch to have the dog removed from the property.

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Tort Construction Depositions Court 52

Day on Torts

DECEMBER 8, 2022

Six weeks after filing the complaint and prior to defendants filing an answer or other pleading, plaintiff filed a notice of voluntary dismissal pursuant to Rule 41.01, and the trial court entered an order dismissing the case without prejudice four days later. Click on the link to see the book’s Table of Contents.

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Tort Statute Attorney Court 59

Day on Torts

DECEMBER 5, 2022

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. According to plaintiff’s sister and father, defendant did not mention anything about the basement flooding. internal citation and quotation omitted).

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Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

FEBRUARY 3, 2022

Note: Chapter 47, Section 2 and Chapter 50, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

Statute 59

Statute Tort Court Diligence 59

Day on Torts

MAY 31, 2022

Note: Chapter 45, Sections 3, 9 and 12 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Tort Statute Court Construction 59

Day on Torts

OCTOBER 24, 2022

Note: Chapter 98, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases. In Parker ex rel.

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Tort Contract Court Statute 45

Day on Torts

MARCH 22, 2022

Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

Contract 52

Contract Tort Real Estate Cause of Action 52

Day on Torts

FEBRUARY 7, 2022

During a bench trial, the evidence showed that the police cruiser was in the left lane and had just passed a black car that was traveling in the right lane. Security camera video showed, however, that at the time plaintiff began pulling out, the cruiser was visible on the straight road. 2), which the trial court granted. Owens , No. 20, 2015)).

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Tort Court Statute Laws 52

Day on Torts

SEPTEMBER 9, 2022

Note: Chapter 30, Section 1 and Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Note: Chapter 30, Section 1 and Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Contract 52

Contract Tort Court Rules Statute 52

Conflict of Laws

MAY 18, 2022

What are the equivalents of the Regulation Article 7(1) for contractual claims, 7(2) for torts, 8(1) for close connection between defendants, and the equivalents of protective heads of jurisdiction such as the one for consumer law disputes? on Saturday 14 and Sunday morning 15 May. – Is there a forum necessitatis ?

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Tort Litigation Litigating Laws 75

Day on Torts

OCTOBER 11, 2022

Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. In Mitchell v. City of Franklin, Tennessee , No. M2021-00877-COA-R3-CV, 2022 WL 4841912 (Tenn. Code Ann. § Code Ann. §

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Construction Tort Statute Court 52