Professional Documents
Culture Documents
SUPREME COURT
TORTS: When plaintiff, social guest, was injured when he fell from second
story deck, after collapse of railing that had not been properly constructed but
had recently been inspected by home inspector (defendant) hired by
homeowner, trial court properly granted summary judgment in favor of
defendant; plaintiff did not allege facts that would constitute actionable claim
of negligent misrepresentation involving risk of physical harm as plaintiff did
not prove that defendant gave false information as home inspector did not
affirmatively state that deck railing was safe; defendant did not owe or assume
duty of care toward plaintiff, and summary judgment was appropriate with
regard to negligent inspection claim when defendant did not undertake
building codes inspection, and there was no evidence that he voluntarily
assumed duty beyond what he owed to his clients. Grogan v. Uggla, 11/21/17,
Nashville, Page, partial dissent by Kirby, dissent by Lee, 29 pages.
http://www.tncourts.gov/sites/default/files/grogan.charles.corr_.opn_.pdf
http://www.tncourts.gov/sites/default/files/grogan.charles.sep_.conc_.diss_.opn_.pdf
http://www.tncourts.gov/sites/default/files/grogan.charles.sep_.diss_.opn_.pdf
COURT OF APPEALS
CRIMINAL LAW: In first degree murder case, trial judge erred in failing to
instruct jury as to self-defense when two of three eyewitnesses testified that
defendant was primary aggressor, reaching for his gun, which caused victim
to react in self-defense. State v. Boswell, 12/5/17, Jackson, Dyer, 12 pages.
http://www.tncourts.gov/sites/default/files/boswell_coynick_opn.pdf
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