Cawood v. Davis

28 Citing cases

  1. Drake v. Williams

    No. M2007-00979-COA-R3-CV (Tenn. Ct. App. Apr. 25, 2008)   Cited 2 times
    Holding that summary judgment was not properly granted based on the independent, intervening cause doctrine when reasonable minds could conclude that the decedent's suicide was foreseeable

    " As the defendants point out, "mere conclusory generalizations are inadequate to place a material fact in controversy." Cawood v. Davis, 680 S.W.2d 795, 796-97 (Tenn.Ct.App. 1984). To satisfy the requirements of Tenn. R. Civ. P. 56, the non-moving party must "set forth specific facts, not legal conclusions."

  2. Robertson v. Chronicle

    No. M2007-01025-COA-R3-CV (Tenn. Ct. App. Dec. 20, 2007)

    Once the moving party demonstrates that it has satisfied the burden shifting requirements of Tenn. R. Civ. P. 56, the non-moving party, in this case Plaintiff, must demonstrate how these requirements have not been satisfied. Conclusory statements and generalizations will not suffice. Cawood v. Davis, 680 S.W.2d 795, 796-97 (Tenn.Ct.App. 1984). As the non-moving party, Plaintiff had the burden to establish that there were sufficient factual disputes to warrant a trial: (1) by identifying evidence ignored by Defendant that creates a factual dispute; (2) by rehabilitating evidence challenged by Defendant; or (3) by producing additional evidence that creates a material factual dispute.

  3. Ferguson v. Nationwide Property

    218 S.W.3d 42 (Tenn. Ct. App. 2006)   Cited 38 times
    In Ferguson v. Nationwide Property & Cas. Ins. Co., 218 S.W.3d 42, 58 (Tenn. Ct. App. 2006), the Tennessee Court of Appeals applied this standard to facts similar to those presented in the instant case.

    Mere conclusory generalizations will not suffice. Cawood v. Davis, 680 S.W.2d 795, 796-97 (Tenn.Ct.App. 1984). The non-moving party must convince the trial court that there are sufficient factual disputes to warrant a trial (1) by pointing to evidence either overlooked or ignored by the moving party that creates a factual dispute, (2) by rehabilitating evidence challenged by the moving party, (3) by producing additional evidence that creates a material factual dispute, or (4) by submitting an affidavit in accordance with Tenn. R. Civ. P. 56.07 requesting additional time for discovery. McCarley v. West Quality Food Serv., 960 S.W.2d 585, 588 (Tenn. 1998); Byrd v. Hall, 847 S.W.2d at 215 n. 6.

  4. LEE'S HOME CTR., INC. v. MORRIS

    No. M2004-02158-COA-R3-CV (Tenn. Ct. App. Jun. 21, 2006)   Cited 2 times

    1997). Mere conclusory generalizations will not suffice. Cawood v. Davis, 680 S.W.2d 795, 796-97 (Tenn.Ct.App. 1984). The non-moving party must convince the trial court that there are sufficient factual disputes to warrant a trial (1) by pointing to evidence either overlooked or ignored by the moving party that creates a factual dispute, (2) by rehabilitating evidence challenged by the moving party, (3) by producing additional evidence that creates a material factual dispute, or (4) by submitting an affidavit in accordance with Tenn. R. Civ. P. 56.07 requesting additional time for discovery. McCarley v. West Quality Food Serv., 960 S.W.2d 585, 588 (Tenn.

  5. American Indus. Serv. v. Howard

    No. M2003-01656-COA-R3-CV (Tenn. Ct. App. Apr. 25, 2006)   Cited 2 times

    1997). Mere conclusory generalizations will not suffice. Cawood v. Davis, 680 S.W.2d 795, 796-97 (Tenn.Ct.App. 1984). The non-moving party must convince the trial court that there are sufficient factual disputes to warrant a trial (1) by pointing to evidence either overlooked or ignored by the moving party that creates a factual dispute, (2) by rehabilitating evidence challenged by the moving party, (3) by producing additional evidence that creates a material factual dispute, or (4) by submitting an affidavit in accordance with Tenn. R. Civ. P. 56.07 requesting additional time for discovery. McCarley v. West Quality Food Serv., 960 S.W.2d 585, 588 (Tenn.

  6. Bell v. Goforth

    No. M2004-00997-COA-R3-CV (Tenn. Ct. App. Mar. 14, 2006)   Cited 3 times
    Finding that the plaintiff could have easily searched the public records to discover the information giving rise to her cause of action

    1997). Mere conclusory generalizations will not suffice. Cawood v. Davis, 680 S.W.2d 795, 796-97 (Tenn.Ct.App. 1984). The non-moving party must convince the trial court that there are sufficient factual disputes to warrant a trial (1) by pointing to evidence either overlooked or ignored by the moving party that creates a factual dispute, (2) by rehabilitating evidence challenged by the moving party, (3) by producing additional evidence that creates a material factual dispute, or (4) by submitting an affidavit in accordance with Tenn. R. Civ. P. 56.07 requesting additional time for discovery. Doe 1 ex rel. Doe 1 v. Roman Catholic Diocese of Nashville, 154 S.W.3d 22, 41 (Tenn. 2005); McCarley v. West Quality Food Serv., 960 S.W.2d 585, 588 (Tenn.

  7. McLEAN v. BOURGET'S BIKE WORKS

    No. M2003-01944-COA-R3-CV (Tenn. Ct. App. Oct. 7, 2005)   Cited 19 times
    In McLean, the plaintiff sued a motorcycle manufacturer for “economic injuries” under a negligent design products liability theory, without asserting any personal injury or damage to any other property.

    1997). Mere conclusory generalizations will not suffice. Cawood v. Davis, 680 S.W.2d 795, 796-97 (Tenn.Ct.App. 1984). The non-moving party must convince the trial court that there are sufficient factual disputes to warrant a trial (1) by pointing to evidence either overlooked or ignored by the moving party that creates a factual dispute, (2) by rehabilitating evidence challenged by the moving party, (3) by producing additional evidence that creates a material factual dispute, or (4) by submitting an affidavit in accordance with Tenn. R. Civ. P. 56.07 requesting additional time for discovery. McCarley v. West Quality Food Serv., 960 S.W.2d 585, 588 (Tenn.

  8. Bryant-Bruce v. State

    No. M2002-03059-COA-R3-CV (Tenn. Ct. App. Sep. 27, 2005)   Cited 4 times

    1997). Mere conclusory generalizations will not suffice. Cawood v. Davis, 680 S.W.2d 795, 796-97 (Tenn.Ct.App. 1984). The non-moving party must convince the trial court that there are sufficient factual disputes to warrant a trial (1) by pointing to evidence either overlooked or ignored by the moving party that creates a factual dispute, (2) by rehabilitating evidence challenged by the moving party, (3) by producing additional evidence that creates a material factual dispute, or (4) by submitting an affidavit in accordance with Tenn. R. Civ. P. 56.07 requesting additional time for discovery. McCarley v. West Quality Food Serv., 960 S.W.2d 585, 588 (Tenn.

  9. Shepherd v. Maximus Ent.

    No. M2003-01664-COA-R3-CV (Tenn. Ct. App. Sep. 1, 2005)   Cited 1 times

    Mere conclusory generalizations will not suffice. Cawood v. Davis, 680 S.W.2d 795, 796-97 (Tenn.Ct.App. 1984). The non-moving party must convince the trial court that there are sufficient factual disputes to warrant a trial (1) by pointing to evidence either overlooked or ignored by the moving party that creates a factual dispute, (2) by rehabilitating evidence challenged by the moving party, (3) by producing additional evidence that creates a material factual dispute, or (4) by submitting an affidavit in accordance with Tenn. R. Civ. P. 56.07 requesting additional time for discovery. McCarley v. West Quality Food Serv., 960 S.W.2d 585, 588 (Tenn. 1998); Byrd v. Hall, 847 S.W.2d at 215 n. 6.

  10. Heggs v. Wilson Inn

    No. M2003-00919-COA-R3-CV (Tenn. Ct. App. Aug. 25, 2005)   Cited 8 times
    Involving a slip and fall on water in a hotel

    1997). Mere conclusory generalizations will not suffice. Cawood v. Davis, 680 S.W.2d 795, 796-97 (Tenn.Ct.App. 1984). The non-moving party must convince the trial court that there are sufficient factual disputes to warrant a trial (1) by pointing to evidence either overlooked or ignored by the moving party that creates a factual dispute, (2) by rehabilitating evidence challenged by the moving party, (3) by producing additional evidence that creates a material factual dispute, or (4) by submitting an affidavit in accordance with Tenn. R. Civ. P. 56.07 requesting additional time for discovery. McCarley v. West Quality Food Serv., 960 S.W.2d 585, 588 (Tenn.