Cases of Note

Significant decisions.

Lake v Budget Rent a Car, et al Tennessee Court of Appeals No. W2011-00660-COA-RM-CV

February 3rd, 2014

... read more »

Wickham v. Sovereign Homes, LLC (2012 Tenn. App. LEXIS 669)

November 20th, 2012

Although the trial court's order dismissing the case on all counts was overturned, the appellate court upheld the ruling of the trial court that the builder's warranty precluded the homeowner from recovery against the builder under the theories of breach of warranty and contract.      read more »

Ferrell Paving vs. Lancaster, 2011 Tenn. App. LEXIS 507, August 23, 2011, Appeal denied, 2012 Tenn. LEXIS 106 (Tenn., Feb. 15, 2012)

September 25th, 2012

Summary judgment for insurer was reversed in declaratory judgment case as additional insured endorsement stated that insurer would provide additional insured coverage where required by contract, and addition of additional insured as an additional insured was required by contract under oral modification to services agreement. read more »

Thompson vs. RGT Management, Inc. (Western Div., Western Dist. Ct. TN; No. 2:11-cv-02573-AJT-dkv)

June 8th, 2012

This case arises out of a claim that Defendant misclassified its assistant store managers under the FLSA, and that the managers should have been paid an hourly rate as they were not salary exempt. read more »

Wheeler v. Cleo Wrap, Inc., 2012 Tenn. LEXIS 311

May 16th, 2012

In this case, appellant employee suffered a fractured wrist in an accident that occurred while he was driving a truck for appellee employer; he claimed he also sustained back and neck injuries and post-traumatic stress disorder from the accident. The Chancery Court for Shelby County, Tennessee, awarded him benefits for the wrist injury only. He appealed. read more »

Etheridge v. YMCA, 2012 Tenn. App. LEXIS 54

January 27th, 2012

The minor was injured in June 2008 when a sink, installed in November 2004, shattered. Suit was initially filed in June 2009. The trial court granted summary judgment to defendants based upon the construction statute of repose, Tenn. Code Ann. § 28-3-202. The injured's minority did not toll Tenn. Code Ann. § 28-3-202, based not only upon the clear language of the statute, but also upon the pronouncement that Tenn. Code Ann. § 28-1-106 could not operate to toll statutes of repose. Also, there existed no question of fact as to the date of substantial ... read more »

Starr v. Hill, 353 S.W.3d 478 (Tenn. 2011)

August 31st, 2011

PROCEDURAL POSTURE: Appellant father sought review of the decision of the Court of Appeals (Tennessee), which found in favor of appellee passenger and reversed the trial court's grant of summary judgment to the father in an action involving an accident in which the father's son was driving the vehicle. The appellate court found that the family purpose doctrine applied to the father. read more »

EEOC v. Crye-Leike, Inc., No. 4:10-cv-02070-SWW, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, WESTERN DIVISION, 800 F. Supp. 2d 1009; 2011 U.S. Dist. LEXIS 85752

August 3rd, 2011

The Court refused to dismiss the EEOC's complaint where defendant alleged the EEOC failed to conciliate in good faith. read more »

Lake v. Memphis Landsmen, L.L.C,.2010 Tenn. App. LEXIS 200; CCH Prod. Liab. Rep. P18,394, Reversed at 2011 Tenn. Lexis 312 (March 24, 2011)

March 24th, 2011

PROCEDURAL POSTURE: Appellants, a passenger and his wife, appealed from the Circuit Court for Shelby County, Tennessee, in a negligence and products liability case. The passenger was injured when the bus he was riding in collided with a concrete truck. In appellants' suit against appellees--a bus manufacturer, the bus owner, and a franchisor--the jury found that appellants had suffered $ 8,543,630 in damages, but found that none of the appellees were at fault. read more »

McPherson v. William E. George, Inc., 2010 Tenn. App. LEXIS 276

April 20th, 2010

Defendant purchaser appealed from a judgment of the Chancery Court for Shelby County, Tennessee, which granted summary judgment in favor of plaintiff seller against the purchaser, but held in favor of the auctioneer against the seller, and ordered the purchaser to pay damages to the seller for its breach of the sales agreement and permitted the auctioneer to retain the earnest money. read more »