TN Supreme Court reviews whether plaintiff's proof of serious mental injury was sufficient to support a claim of intentional infliction of emotional distress

BETTY SAINT ROGERS v. LOUISVILLE LAND COMPANY ET AL. (Tenn. April 19, 2012)

In this appeal, the defendants seek a review of the trial court’s decision to award the plaintiff compensatory and punitive damages based on the tort of intentional infliction of emotional distress arising out of inadequate maintenance of the cemetery where the plaintiff’s son was buried.

To recover damages for intentional infliction of emotional distress, a plaintiff must prove that the defendant’s conduct was either intentional or reckless, was so outrageous that it is not tolerated by civilized society, and caused a serious mental injury to the plaintiff.

The primary question presented is whether the plaintiff in this action proved the requisite serious mental injury to support the trial court’s award of compensatory and punitive damages. We hold that the plaintiff’s proof was deficient. The judgment of the Court of Appeals is affirmed.

Opinion available at:
https://www.tba.org/sites/default/files/rogersb_041912.pdf

Court reviews claims of lost equity in a case involving a tractor trailer collision

LEROY JACKSON, JR. v. PURDY BROTHERS TRUCKING CO., INC., ET AL. (Tenn. Ct. App. October 12, 2011)

This appeal arises from a tractor-trailer ("truck") collision involving two professional drivers, Leroy Jackson, Jr., who was driving as an owner operator for USA Trucking, and Blair B. Greene, who was employed by Purdy Brothers Trucking Company, Incorporated ("PBTCI") and Loudon County Trucking ("LCT"), both formerly doing business as Purdy Brothers Trucking ("PBT"). Mr. Jackson's truck was repossessed shortly after it was repaired, and he filed suit against Mr. Greene, PBTCI, and LCT (collectively "Trucking Company") for property damage, loss of income, lost equity in his truck, incidental expenses, and punitive damages. Trucking Company filed a motion for partial summary judgment.

The trial court granted the motion, in part, holding that Trucking Company was not liable for the lost equity in the truck but that the case could proceed on the remaining issues. Trucking Company made an offer of judgment, which was accepted by Mr. Jackson and set forth in the court's final order. Mr. Jackson appeals, contending that the court erred in granting partial summary judgment. We dismiss the appeal because Mr. Jackson accepted the offer of judgment without reserving the right to appeal.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/jacksonl_101211.pdf