This is a wrongful death negligence action arising out of a fatal automobile collision that occurred on Long Lane, a public road in Franklin, Tennessee, which abuts a TA Travel Center. On October 6, 2016, Kenneth Page (“Mr. Page”) was traveling northbound on Long Lane in a vehicle with his wife as passenger. As he began to turn left into the entrance of the TA truck stop marked for semi-trailer trucks (“the trucks only entrance”), where there was a limited view of oncoming traffic due to a hill that crested shortly ahead, Mr. Page was hit by Rondell M. Mershon (“Mr. Mershon”), who was traveling southbound on Long Lane on a motorcycle. The collision occurred on Long Lane before Mr. Page could enter the TA Travel Center. Mr. Mershon died soon after the collision. Mr. Mershon’s wife, Melba P. Mershon, brought a wrongful death negligence action on behalf of herself and her two daughters (collectively, “Plaintiffs”) against Mr. Page. She later amended the complaint to add the owner and operator of the TA Travel Center, HPT TA Properties Trust and TA Operating LLC d/b/a Travel Centers of America (collectively “the TA Defendants”), alleging that the TA Defendants created a hazardous condition by failing to display clearly visible signage at the “trucks only” entrance of the TA truck stop directing passenger vehicles to the proper entrance located a short distance down Long Lane. Thereafter, Plaintiffs settled their claims against Mr. Page, leaving the TA Defendants as the only defendants in the case. In 2017, the trial court granted the TA Defendants’ Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss for failure to state a claim, finding that they owed no duty of care to Mr. Mershon. Plaintiffs appealed. In the first appeal of this action, we reversed the judgment of the trial court and remanded the case for further proceedings.1 On remand, the TA Defendants filed a motion for summary judgment, arguing that Plaintiffs could not come forward with any evidence to show that they “owed a duty of care to Mr. Mershon related to the applicable sight distances and visibility of signs on TA’s property and that TA Defendants breached that duty.” The trial court granted the motion for summary judgment, finding that Plaintiffs failed to present any genuine issues of material fact, and that the TA Defendants were entitled to judgment as a matter of law because Plaintiffs could show no evidence that the TA Defendants owed a duty to Mr. Mershon or that any act or omission of the TA Defendants constituted a cause in fact or proximate cause of Mr. Mershon’s injuries. Plaintiffs appeal the trial court’s grant of summary judgment in favor of the TA Defendants. For the reasons stated below, we affirm.

Shrinking hospital capacity in Tennessee leaves at-risk communities more vulnerable to extreme heat, a new study finds. The study, published in the Journal of the American Medical Association revealed that government officials' tools for measuring heat vulnerability often don't consider access to health care. By including hospital bed capacity in calculations, the study found a "major increase" in vulnerability for many Tennessee counties, the Tennessee Lookout reports. The article notes that the study has limitations and mainly focuses on the population of people aged 65 and older. One of the study’s main researchers expressed hope the study will encourage elected officials and policy makers to consider health care accessibility and hospital capacity as one of the main factors of heat vulnerability and ask how their constituencies can be better prepared.

According to a data report released Friday by the U.S. Labor Department, the legal services industry added 1,600 jobs in September, reversing a decline that began in April. Lawyer Monthly reports there has been "robust" demand for legal professionals in the U.S. from both corporations and large law firms over the past four months. The department's statistics include lawyers, paralegals and assistants working for law firms, corporations and other organizations. In the first half of 2024, U.S. law firms reported strong financial performance, with average revenue up 11.4% compared to the same period a year earlier. Demand for transactional practices is increasing after nearly three years of lackluster performance, the article reports.

The TBA Appellate Practice Section on Tuesday hosted its annual boot camp at the Tennessee Court of Criminal Appeals (CCA). Produced by Appellate Practice Section Chair Laura Deakins and Middle Tennessee Delegate Leslie Price, the event provided attendees the opportunity to earn CLE through the viewing of CCA oral arguments, a Q&A with presiding judges, a moderated panel of lawyers who participated on the morning docket and an ethics presentation. Special thanks to Judges Camille McMullen, John Campbell and Robert Wedemeyer for their help with this remarkable forum.

The Federal Bureau of Investigation (FBI) has consolidated its Memphis and Knoxville field offices into a single office in Nashville as of Oct. 1. This decision, made after more than eight years of evaluation, aims to better serve Tennessee by having one office covering the entire state, the Daily Memphian reports. The FBI has also increased the number of investigative agents across the state from 170 to 200, with 10 of the 30 new agents already in place. In a statement, Memphis Mayor Paul Young said he believed the change “wouldn’t impact the level of support” Memphis gets from the FBI. The FBI has had a field office in Memphis since before 1925.

NetChoice, the trade association of online businesses ― including Instagram and Facebook parent company Meta ― has filed a federal lawsuit challenging the constitutionality of a Tennessee law that requires age verification and parental consent before minors can create social media accounts. The Tennessean reports that the association filed the suit against Tennessee Attorney General Jonathan Skrmetti on Thursday morning, arguing that the new law violates the First Amendment by conditioning Tennesseans’ access to free speech on their willingness to provide sensitive personal data. The lawsuit notes that NetChoice's member platforms already provide parents with tools to monitor children's activities. The law, “Protecting Children from Social Media Act,” was signed by Gov. Bill Lee in May and is set to take effect Jan. 1, 2025. Bill sponsors said the legislation is meant to protect children and bolster parental rights online. The measure passed the Tennessee House of Representatives and Senate with bipartisan support.

The Supreme Court of California on Thursday rejected a proposed alternative pathway that would have enabled law school graduates to become licensed after working under the supervision of an experienced attorney and submitting a portfolio of work. According to Reuters, the court said the program would compromise "fairness, validity and reliability as a measure of an applicant’s competence." The State Bar of California’s board of trustees endorsed the Portfolio Bar Exam in November 2023 over the objections of public commenters. The American Bar Association’s legal education arm endorsed alternative licensing pathways in May.

A three-judge panel from the U.S. 5th Circuit Court of Appeals concluded oral arguments on Thursday and will determine what comes next for the Deferred Action for Childhood Arrivals Program (DACA). The program, initiated under the Obama administration, has faced legal challenges since the Trump administration attempted to terminate it. The panel is reviewing a previous ruling by the U.S. District Court for the Southern District of Texas, which deemed DACA unlawful but allowed current recipients to renew their status while barring new applicants. According to the Associated Press, the appeal centers on whether Texas and other states have legal standing to challenge DACA after the current administration’s 2021 rule to codify the program. A ruling is expected in the coming weeks or months, potentially leading to a U.S. Supreme Court review.

In this TBJ Select online exclusive article, Alex Nicoll explores in-house corporate counsel and contract review. Contracts are an agreement that depends on some type of human interaction. Without an understanding of what has actually been agreed among the relevant parties, breakdowns occur between the contract language and performance.