TBA Law Blog


Posted by: Lynn Pointer on May 30, 2012
by Sam Gowan
sgowin@daltonbestlaw.com

Restaurant tips cannot be included in the calculation of disposable wages for garnishment purposes.  Erlanger Med. Ctr. v. Strong, 2012 Tenn. App. LEXIS 192 (Tenn. Ct. App. Mar. 26, 2012).

TCA 20-1-119§ does not afford successive 90-day windows during which a plaintiff may file an amended complaint naming a nonparty defendant as a comparative tort-feasor.  The statute allows an additional 90 days after the applicable statute of limitations to add a defendant in a comparative fault situation, where the defendant named in the complaint alleges another person as tort-feasor.  The court held that a plaintiff that named a new defendant in the 90 day window was not then allowed a new 90-day window to name another defendant.  Mills v. Fulmarque, Inc., 360 S.W.3d 362 (Tenn. 2012).

General contractors have an implied duty to ensure work of subcontractors is performed in a workmanlike manner.  Fed Ins. Co. et al. v. Winters, 354 S.W.3d 287 (Tenn. 2011).

Sam Gowan practices law in Chattanooga with the Law Office of Dalton & Best.  He currently serves as Newsletter Editor for the TBA General, Solo & Small Firm Practitioners Section.