Entries by Jason A. Lee, Esq.

Tennessee Supreme Court Clarifies Way to Determine Applicable Statute of Limitations for a Case

The Tennessee Supreme Court in Brenda Benz-Elliott v. Barrett Enterprises, LP, No. M2013-00270-SC-R11-CV, 2015 WL 294635 (Tenn. 2015) has provided an opinion that attempts to clarify how statute of limitations should be applied for Tennessee cases.  Over the years numerous Tennessee appellate decisions have cited the “gravaman of the complaint” rule in order to determine […]

Tennessee Supreme Court Decides Failure to Satisfy Pre-Suit Notice Requirements for Healthcare Liability Action Results in Dismissal Without Prejudice

A recent Tennessee Supreme Court decision, Samuel E. Foster v. Walter William Chiles, III, M.D., et al., No. E2012-01780-SC-R11-CV, 2015 WL 343872 (Tenn. 2015), decided the appropriate remedy for non-compliance with pre-suit notice requirements in T.C.A. § 29-26-121 for a healthcare liability action under Tennessee law.  Specifically, T.C.A. § 29-26-121(a)(1) provides the following requirements: (a)(1) […]

Tennessee Premises Owners Not Responsible to Protect Patrons from Violence that Occurs Off of Their Property

The Tennessee Court of Appeals decided a recent interesting case involving a shooting that occurred just outside of the property of a youth outreach ministry. The Jerterrius Marshawn Akridge v. Fathom, Inc., No. 2014-00711-COA-R9-CV, 2015 WL 97946 (Tenn. 2015) decision dealt with a shooting that occurred close to, but clearly outside of the property of […]