42 TAM 52, December 25, 2017

2017: Tennessee Supreme Court in review

The duty of a home inspector to a social guest of the homeowner, the submission of evidence of the plaintiff’s full undiscounted medical bills as proof of “reasonable medical expenses,” standing to contest a will when there is a prior will disinheriting the contestant, whether to adopt the appeal-tolling doctrine or the continuous representation rule in determining whether a legal malpractice case is barred by the statute of limitation, analysis used to determine whether an affidavit sufficiently establishes probable cause for the issuance of a search warrant under Tenn. Const. Art. I, Sec. 7, and the constitutionality of the state’s lethal injection protocol were among the issues decided by the Tennessee Supreme Court during 2017.

Highlights

Supreme Court

•Supreme Court reiterates that appellate courts should exercise limited review of trial court’s factual determinations in matters involving child custody and parenting plan developments and holds that Court of Appeals usurped role of juvenile court in child custody case by declining to extend deference to juvenile court’s findings. For the full text, click here.

•Supreme Court affirms denial of TRCP 60.02 motion by mother of decedent’s child who sought to set aside order of dismissal of wrongful death suit filed by decedent’s mother when motion was filed nearly 20 months after dismissal. For the full text, click here.

Workers' Compensation Panel

•Supreme Court Workers' Comp Panel adopts majority approach that employee whose employment is terminated remains covered by workers’ compensation statutes for reasonable period of time for employee to effectuate termination of employment such as by gathering belongings and exiting workplace. For the full text, click here.

Court of Appeals

•Court of Appeals, in case of first impression, rules insurer did not have duty to defend insureds in suit by buyers of insureds’ home for negligent misrepresentation concerning property’s propensity to flood because “negligence” and “negligent misrepresentation” claims asserted against insureds do not arise from “occurrence” as defined in insurance policies. For the full text, click here.

•Court of Appeals holds that sex offender community supervision for life statutes, TCA 39-13-524 and 39-13-526, are not unconstitutional. For the full text, click here.

Court of Criminal Appeals

•Court of Criminal Appeals rules, in attempted second degree murder case, trial judge did not abuse discretion by admitting Facebook photo of defendant posing with two handguns to connect defendant to handgun used in shooting. For the full text, click here.

•Court of Criminal Appeals rules conduct of officers in knocking on front door for 10 to 15 minutes while announcing their badge of authority rendered encounter with one defendant non-consensual and “knock and talk” investigation unlawful. For the full text, click here.