Brackman v. Adrian

2 Citing cases

  1. Friedenstab v. Short

    174 S.W.3d 217 (Tenn. Ct. App. 2004)   Cited 22 times
    In Friedenstab v. Short, 174 S.W.3d 217 (Tenn. Ct. App. 2004), a housekeeper slipped on a pile of newspapers lying near the bottom of the home's steps.

    Doe v. Linder Constr. Co., Inc., 845 S.W.2d 173, 178 (Tenn. 1992) (emphasis added). Keeping in mind that there is no liability for the results of an accident that could not have been foreseen by a reasonably prudent person, and that "negligence is not to be presumed by the mere happening of an injury or accident," Brackman v. Adrian, 63 Tenn.App. 346, 472 S.W.2d 735, 739 (1971), and that the burden rests upon Plaintiff to establish a duty owed by Defendant to him, a breach of that duty and injury resulting from the breach, Smith v. Roane-Anderson Co., 30 Tenn.App. 458, 207 S.W.2d 353 (1947); Nelson v. Richardson, 626 S.W.2d 702 (Tenn.Ct.App. 1981), we now look to the record in this case. Believing that she was filing suit against her physician for medical malpractice, Dana Friedenstab went to her attorney's office and found that she was, in fact, suing Martha Short.

  2. Owings v. Owings

    661 S.W.3d 141 (Tenn. Ct. App. 2022)   Cited 2 times

    SeeSteele v. Primehealth Med. Ctr., P.C. , No. W2015-00056-COA-R3-CV, 2015 WL 9311846, at *5 (Tenn. Ct. App. Dec. 22, 2015) ("Negligence cannot be presumed by the mere happening of an injury or accident.") (citing Brackman v. Adrian , 63 Tenn.App. 346, 472 S.W.2d 735, 739 (1971) ). To prove negligence at trial, Plaintiff would have to demonstrate that Defendant's conduct was below the standard of care for a driver exercising reasonable care and that such conduct was the cause in fact and legal cause of the accident and Plaintiff's injuries. Regarding causation, our Supreme Court has recently explained: