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).

Statute 59

Statute Tort Depositions Court 59

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

Depositions 59

Depositions Tort Court Construction 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). Because the TPPA is a relatively new statute, it has not been interpreted in many opinions.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

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.

Tort 59

Tort Depositions Depose Court 59

Day on Torts

SEPTEMBER 7, 2022

Where defendant driver stated that the accident that injured plaintiff passenger was due to her swerving to avoid a wild animal that unexpectedly entered the roadway, and plaintiff “presented no evidence of negligence on the part of the defendant,” summary judgment for defendant was affirmed by the Tennessee Court of Appeals. In Owings v.

Tort 59

Tort Depositions Court Statute 59

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.

Tort 59

Tort Construction Depositions Statute 59

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.” Code Ann. §

Contract 52

Contract Tort Court Rules Statute 52