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Friday, November 25, 2011

New Case on the Element of Duty in a Negligence Case

The Middle Section of the Tennessee Court of Appeals recently issued its opinion in Norfleet v. Pulte Homes Tenn. Ltd. P'ship., No. M2011-01362-COA-R3-CV (Tenn. Ct. App. Nov. 9, 2011). The summary of the opinion is as follows:

While touring a model home in a new residential home development, the plaintiff fell when she failed to see a four-inch step as she walked from the foyer into the sunken living room. This premises liability action followed. The defendant constructed, owned, and managed the model home in which the plaintiff fell. Upon motion of the defendant, the trial court summarily dismissed the complaint upon two findings: that the defendant did not owe a legal duty to the plaintiff and that the plaintiff was more than fifty percent at fault. We affirm upon the finding that the plaintiff cannot establish that a duty was owed to her by the defendant.
Here's a link to the opinion:

Monday, November 21, 2011

Medical Malpractice: Yet Another Case on Certificates of Good Faith

The Tennessee Court of Appeals issued its opinion today in Crawford v. Kavanaugh, No. E2011-00696-COA-R3-Cv (Tenn. Ct. App. Nov. 21, 2011). Here's the summary of the case from the opinion:

This is a medical malpractice case in which Pauletta C. Crawford (“Wife”) and James Crawford (“Husband”) filed suit against Eugene Kavanaugh, M.D. (“Doctor”). While the suit was pending, Tennessee Code Annotated section 29-26-122 was amended to require the contemporaneous filing of a certificate of good faith with complaints alleging medical malpractice. Husband and Wife (collectively the “Crawfords”) dismissed their suit and filed a new complaint that did not include a certificate of good faith. Doctor filed a motion to dismiss, and the court dismissed the case. The Crawfords appeal. We affirm the trial court.

Here's a link to the opinion:

Saturday, November 19, 2011

Tony Duncan Named 2011 Mid-South Super Lawyer

I'm pleased to announce that I have been selected as a 2011 Mid-South Super Lawyer. I'm greatly honored and humbled by this, which is due in part to the selection process. That process is explained at this link:

My listing is on page 29, which can be viewed at the following link: