Long by Cotten v. Brookside Manor

8 Citing cases

  1. BORG v. J.P. MORGAN CHASE CO

    No. 04-2874 Ml/V (W.D. Tenn. Jul. 21, 2006)   Cited 5 times

    Plaintiffs' argument is therefore insufficient to create a genuine issue of material fact on any element of their negligent hiring claim. See Long v. Brookside Manor, 885 S.W.2d 70, 73 (Tenn.Ct.App. 1994) (finding that although nursing home failed to check with all of employee's former employers before hiring her, nursing home was not liable for negligent hiring because there was no evidence in record that a more thorough investigation would have informed nursing home that employee might or would abuse patients). Plaintiffs next claim that there is a genuine issue of fact as to whether Home Instead conducted personal and professional reference checks on Davis because Doane did not personally discuss the results of such checks with the Home Instead employee who conducted them and because Home Instead "has produced no documentary evidence, either from Davis' personnel file or firm records, to substantiate that Davis had no complaints in Tennessee and Mississippi. . . ."

  2. Glass v. Northwest Airlines, Inc.

    761 F. Supp. 2d 734 (W.D. Tenn. 2011)   Cited 6 times
    In Glass, on summary judgment, a passenger contended that the airline owed it duty to provide a wheelchair to him within ten minutes of his arrival.

    "Finally, the injured party must show that the negligence was the proximate cause of the injury."Harden, 985 S.W.2d at 452 (citing Long v. Brookside Manor, 885 S.W.2d 70 (Tenn. Ct. App. 1994)). Plaintiff alleges that regulations promulgated under the Air Carrier Access Act of 1986 ("ACAA"), 49 U.S.C. § 41705, provide a basis for her negligence per se claim against Air Serv. (See Am. Compl. ¶ 30.)

  3. Russell v. Anderson County

    No. E2010-00189-COA-R3-CV (Tenn. Ct. App. Feb. 11, 2011)   Cited 7 times
    In Russell, the Assistant Public Works Director testified that the city had been informed that the intersection where the accident occurred was dangerous.

    "Liability cannot be predicated upon mere violations of a statute, ordinance, or regulation unless it affirmatively appears that such violation was the proximate cause of the injury." Long by Cotten v. Brookside Manor, 885 S.W.2d 70, 73-74 (Tenn. Ct. App. 1994) (citing Biggert v. Memphis Power Light Co., 80 S.W.2d 90, 92 (Tenn. 1935)).

  4. Gray v. Roten

    No. W2010-00614-COA-R3-CV (Tenn. Ct. App. Jan. 18, 2011)   Cited 1 times

    However, even if we assume, arguendo, that Andy Roten violated the foregoing statute in failing to sound his horn, it is well settled that "[l]iability cannot be predicated upon mere violations of a statute, ordinance, or regulation unless it affirmatively appears that such violation was the proximate cause of the injury." Long by Cotten v.Brookside Manor, 885 S.W.2d 70, 73-74 (Tenn. Ct. App. 1994) (citing Biggert v. Memphis Power and Light Co., 80 S.W.2d 90, 92 (Tenn. 1935)).

  5. Pittenger v. Ruby Tuesday

    No. M2006-00266-COA-R3-CV (Tenn. Ct. App. Mar. 28, 2007)   Cited 7 times
    In Pittenger, the patron's assumption that the sloping platform and the weight of the door caused his ankle to roll was "nothing more than speculation," as he could not state with definiteness what caused his injury. Because "we cannot presume negligence absent an affirmative demonstration from the evidence," we affirmed summary judgment in favor of the restaurant.

    Traylor v. Coburn, 597 S.W.2d 319 (Tenn.App. 1980). Finally, the injured party must show that the negligence was the proximate cause of the injury. Long v. Brookside Manor, 885 S.W.2d 70 (Tenn.App. 1994).Harden v. Danek Med., Inc., 985 S.W.2d 449, 452 (Tenn.Ct.App. 1998).

  6. Bennett v. Putnam County

    47 S.W.3d 438 (Tenn. Ct. App. 2000)   Cited 20 times

    Traylor v. Coburn, 597 S.W.2d 319 (Tenn.App. 1980). Finally, the injured party must show that the negligence was the proximate cause of the injury. Long v.Brookside Manor, 885 S.W.2d 70 (Tenn.App. 1994).Id. at 452.

  7. Harden v. Danek Medical, Inc.

    985 S.W.2d 449 (Tenn. Ct. App. 1999)   Cited 50 times   2 Legal Analyses
    Finding no liability where plaintiff failed to establish causation

    Traylor v. Coburn, 597 S.W.2d 319 (Tenn. App. 1980). Finally, the injured party must show that the negligence was the proximate cause of the injury. Long v. Brookside Manor, 885 S.W.2d 70 (Tenn. App. 1994). The FDCA was designed to protect the public as a whole.

  8. Harden v. Danek Medical

    C/A No. 03A01-9801-CV-00020 (Tenn. Ct. App. Aug. 31, 1998)

    Traylor v. Coburn, 597 S.W.2d 319 (Tenn.App. 1980). Finally, the injured party must show that the negligence was the proximate cause of the injury. Long v. Brookside Manor, 885 S.W.2d 70 (Tenn.App. 1994). The FDCA was designed to protect the public as a whole.