Torts (other than Health Care Liability)

Duty

Except as indicated, all indented material is copied directly from the court’s opinion. 

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Appeals

Doe v. Woodland Presbyterian, No. W2021-00353-COA-R3-CV, p. 28  (Tenn. Ct. App. June 3, 2022).

[W]hether a duty of care exists is a question of law which we review de novo, and “‘[w]hen the existence of a particular duty is not a given or when the rules of the established precedents are not readily applicable, courts will turn to public policy for guidance.’” Id. at 531, 534 (quoting Satterfield v. Breeding Insulation Co., 266 S.W.3d 347, 365 (Tenn. 2008); additional citation omitted).

Harrill v. PI Tennessee, LLC., No. M2021-00424-COA-R3-CV, p. 4 (Tenn. Ct. App. Apr. 26, 2022).

Whether a duty exists in a particular case presents a question of law that we review de novo without a presumption of correctness afforded to the trial court’s conclusion. Cullum v. McCool, 432 S.W.3d 829, 832-33 (Tenn. 2013); see also Whaley v. Perkins, 197 S.W.3d 665, 670 (Tenn. 2006) (stating that a question of law is reviewed “de novo with no presumption of correctness”).

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