Is an Accident Report Admissible in a Personal Injury Lawsuit?
The short answer is no. First, the report contains multiple instances of hearsay, which are statements, other than ones made by the witness while testifying at trial, offered in evidence to prove the truth of the matter asserted. Tenn. R. Evid. 801(c). Hearsay is not admissible in evidence unless it fits within one of the recognized exceptions contained in Tenn. R. Evid. 803. The subsection of Rule 803 that covers public records and reports contains fairly broad language for the admissibility of records, reports, and data compilations in any form from a public office or agency that is under a
Trial Victory
Wilson Worley shareholder, Steve Huret, and associate, Katie Steffen, obtained a verdict of zero dollars ($0.00) after a two day jury trial in Hawkins County Circuit Court on behalf of their client, who was the defendant in a personal injury and property damage lawsuit that resulted from a car wreck. The defendant admitted liability for the car wreck, so only the amounts of the plaintiff's alleged damages were before the jury. The plaintiff sought substantial damages for past and future medical expenses, past and future loss of enjoyment of life, past lost wages, future loss of earning capacity, past and
Tennessee’s Drone Privacy Statute
The Tennessee legislature has adopted privacy statutes that make it a crime to use an “unmanned aircraft to capture an image of an individual or privately owned real property with the intent to conduct surveillance on the individual or property captured in the image.” Tennessee Code Annotated § 39-13-903. There are exceptions if the drone user has the individual or real property owner's consent or the drone user is a Tennessee licensed real estate broker as long as the use is "in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the
Retail Giant Faces Tough Questions About Employee “Look Policy”
Abercrombie & Fitch, a well-known American teen retailer, faced tough questions from the US Supreme Court last month while defending suit for its hiring practices in accordance with its corporate “look policy.” The case, entitled EEOC v. Abercrombie and Fitch Stores, Inc., arose from facts surrounding the retailer’s alleged failure to hire a young woman because of her religious apparel. Samantha Elauf, a seventeen-year-old applicant, wore a head scarf, or hijab, to her interview because of her religious practices. Abercrombie has a clearly-defined “look policy”, which strictly prohibits hats or caps in the workplace. Although the employee who interviewed Elauf
Text messages at work lol
I was in a court proceeding recently involving a termination. The proof consisted of numerous text messages between the employee and a manager. It struck me as we sorted through the electronic discussion just how much communication occurs in the job setting via text message. It is a good idea to review your employment policies to make sure that they contemplate all the different types of electronic communication that are being used in your workplace. Do you specify how an employee must give notice about attendance or request time off? Odds are, you have some employees requesting time off via text.