Tennessee Tort of “Intentional Infliction of Emotional Distress”

Tennessee has the tort of Intentional Infliction of Emotional Distress which is an important cause of action that allows a plaintiff to recover damages when the conduct of the defendant is outrageous. There are very specific requirements for a plaintiff to be able to prove this cause of action in court. In order to support a claim for Intentional Infliction of Emotional Distress, the Tennessee Supreme Court has held that the following elements are required:

The elements of an intentional infliction of emotional distress claim are that the defendant’s conduct was (1) intentional or reckless, (2) so outrageous that it is not tolerated by civilized society, and (3) resulted in serious mental injury to the plaintiff. Regarding the first element, the law is clear in Tennessee and elsewhere that either intentional or reckless conduct on the part of the defendant will suffice to establish intentional infliction of emotional distress.




Significant Car Accident Settlement for Client with Serious Injuries

We successfully negotiated and obtained a substantial settlement for a client with serious injuries from a car accident in Middle Tennessee.  He experienced residual pain and long term problems from this accident.   Pursuant to his request, we were able to negotiate a fair settlement before we were required to file the lawsuit.

This clients review of our work is as follows:

“I was injured in an auto accident while working in a company vehicle due to someone else’s actions. A friend had hired Jason for a similar situation and highly recommended him. After a consultation, I knew he was the right person to help me with my situation. He was extremely clear on my options and expectations. I found him to do what he said he was going to do, and he did it in the time frame he said he would do it. His communication was outstanding thru the entire process of negotiating my settlement. Sometimes, I received multiple updates in the same day. I feel, I had the best possible outcome for my circumstances. I wanted someone to represent me I felt was fair, honest and ethical. He honored my wishes on how I wanted certain aspects of my case handled. I couldn’t be happier with my decision in hiring Jason. Top notch attorney and person in my book, 5 out of 5 stars. I highly recommend him and will use him in the future for my will and any other legal needs.”


Obtained Life Insurance Proceeds for Client in Dispute Over Beneficiary in Federal Court

We obtained a successful result for our client in a life insurance proceeds dispute in Federal Court.  Our client was in a dispute over the identity of the appropriate beneficiary for the life insurance proceeds.  We filed for summary judgment requesting the court to agree with our client’s position that he was the appropriate beneficiary under the policy.  The Court agreed and granted summary judgement to our client in American General Life Insurance Company v. William D. Mason, Sr. and Patrick T. Davis, No. 3-15-0340 in the United States District Court, Middle District of Tennessee.


Obtained Summary Judgment for Landlord on Premises Liability Case Where Plaintiff Lost His Leg

We were able to litigate a very serious premises liability injury case against our Landlord client where the plaintiff fell from a height and lost his leg.  Our client was dismissed on summary judgment because the Landlord was not legally responsible for the injury of the Plaintiff.


Voluntary Dismissal of Landlord Client for Fight that Occurred at Restaurant Causing Severe Injury

Our client was a landlord who owned a strip mall in Memphis, Tennessee.  They were sued due to a fight that occurred on one of their Tenant’s property.  This was was significantly litigated and defended by our firm.  The plaintiff voluntarily dismissed our client with no money paid, ending the lengthy litigation against our client.


Successful 4 Day Arbitration Trial against National Car Retailer on Equal Pay Act and Title VII Sex Discrimination Claims

We recently had a significant arbitration award for our client in an Equal Pay Act and Title VII Sex Discrimination case with a large national car retailer company after 18 months of litigation.  The details are confidential but it was a very successful result for our client.

Our client provided the following review:

“From my first conversation with Jason, he proved his competence as an attorney. He listened without interruption. He asked very specific questions that I allowed me to share my story in a comfortable way. ( I lived 190 miles away so I had to conduct this initial conversation over the phone.) I interviewed other attorneys, and none showed the competence or compassion that Jason did.
As everyone knows, litigation can be a long, exhausting and drawn out process. Jason kept me positive but realistic about the potential outcome. At the end of the process of litigation, we won on the most important counts against my former employer. I will be forever grateful for Jason believing in me and my case even when I started to lose faith.

I’ve had friends who’ve contacted me and wished to have Jason represent them based on my sharing my experience.

The best compliment that I could give wasn’t from me. The person that ruled in our favor said about Jason ” Jason has been a very competent counsel who’s argued passionately on behalf of his client.”


Title VII Age Discrimination Settlement Obtained Against Large National Employer

Our client received a substantial confidential settlement against a large national company that has a presence in middle Tennessee.  This was for age discrimination in violation of Title VII and the Tennessee Human Rights Act.  The employer improperly took action against our client due to his age.

Or client provided a review of our services provided as follows:

“I needed assistance after being discriminated against due to my age by a very high profile, very well respected employer. After review of the details of my case, Jason devised a strategy to address my concerns and right the wrong. He prove to be very knowledgeable, with a willingness to explain all the details and procedure in layman’s terms. He was empathetic and caring. His expertise was matched with the highest level of integrity. He worked to reveal the truth of the matter, with no exaggeration, and to bring out the facts which the other party wanted to keep hidden. The opposition was well represented by a very large firm. Jason exhibited confidence and comfort which allowed me to be at ease with what would otherwise have been a much more difficult process. My case was resolved to my satisfaction, exceeding my expectations. I wouldn’t hesitate to recommend Jason for employment law as plaintiff or defendant, as his knowledge and expertise allows objectivity required to represent either side.”


Settlement Received in FLSA Failure to Pay Overtime Federal Case

Our client received a substantial settlement in a failure to pay overtime wages claim under the FLSA.  This case was settled after a Federal lawsuit was filed, shortly after the filing of suit (before the other party even filed an Answer to the Complaint).  This settlement resolved issues related to failure to pay overtime wages, wages during breaks and keeping the individual longer then assigned work hours without compensation.  This had occurred over the prior 2 years.


Substantial Settlement Obtained in Rape Case Involving Minor’s, a Party and Alcohol

In December 2017 our minor client received a very substantial settlement in a rape case that occurred at a high school party in Tennessee hosted by another parent.  Alcohol and drugs were present at the party and the rape occurred during the party.  Both minors and adults were present at the party.  There was a lack of proper supervision of the individuals who attended the party on a large property.


Will Contest – Significant Settlement ($550k+) for Clients Removed from Will

Our clients received a substantial settlement in a Will Contest case when three children were mostly left out of their father’s will.  This case involved Undue Influence and Lack of Testamentary Capacity.  The case was resolved at a mediation after extensive discovery was completed.  The total settlement received by our clients was in excess of $550,000.00 after significant litigation was completed.