Martin and Miller Obtain Dismissal

Carr Allison’s Sean W. Martin and Chancey R. Miller of our Chattanooga (TN) office obtained a dismissal of a retail hospitality industry client in a case pending in the United States District Court for the Eastern District of Tennessee.

In the Complaint, the Plaintiff claimed that he was attacked by the father of a former employee as he entered the store.  The attacker’s daughter and former employee of the Defendant, join the attack by pouring a pot of hot coffee onto the Plaintiff causing burns to his upper body.  The Plaintiff sued the store and not the former employee.  A Motion to Dismiss was filed instead of an answer because the store was not liable for the intentional acts of a former employee.  The Court granted the Motion and dismissed the case with prejudice.  No appeal was taken.

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Miller and Muhonen Obtain Dismissal

Chancey Miller and Stephen Muhonen of our Chattanooga (TN) office succeeded in obtaining the dismissal of a significant security case for a retail client. In a case where a convenience store employee was assaulted while confronting a shoplifter, allegations were that the retailer failed to provide proper security which was an […]

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Sausaman Prevails on a Motion for Summary Judgment

Alison H. Sausaman of our Jacksonville (FL) office prevailed on a motion for summary judgment in federal court on behalf of a national convenience store chain. The court agreed that rain on an asphalt parking lot was not a dangerous condition and granted final judgment in our client’s favor.

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Baggett and Ingram Prevail on a Motion for Judgment

Evan Baggett and Josh Ingram of our Birmingham (AL) office recently prevailed on a motion for judgment on the pleadings in a complex tort case. After extensive briefing and oral arguments, the court granted their motion and dismissed all the plaintiff’s claims with prejudice.

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