Cases of Note

Significant decisions.

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 v. 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 »