Close Menu
    Facebook X (Twitter) Instagram
    • Home
    • About Us
    • Digital Subscription
    • Advertisement
    • Contact Us
    X (Twitter) Instagram
    The Tennessee TribuneThe Tennessee Tribune
    Advertise With Us
    • Home
      • COVID-19 Resource Center
        • Dr. Henry Louis Gates’ PSA Radio
      • Featured
    • News
      • State
      • Local
      • National/International News
      • Global
      • Business
        • Commentary
        • Finance
        • Local Business
      • Investigative Stories
        • Affordable Housing
        • DCS Investigation
        • Gentrification
    • Editorial
      • National Politics
      • Local News
      • Local Editorial
      • Political Editorial
      • Editorial Cartoons
      • Cycle of Shame
    • Community
      • History
      • Tennessee
        • Chattanooga
        • Clarksville
        • Knoxville
        • Memphis
      • Public Notices
      • Women
        • Let’s Talk with Ms. June
    • Education
      • College
        • American Baptist College
        • Belmont University
        • Fisk
        • HBCU
        • Meharry
        • MTSU
        • University of Tennessee
        • TSU
        • Vanderbilt
      • Elementary
      • High School
    • Lifestyle
      • Art
      • Auto
      • Tribune Travel
      • Entertainment
        • 5 Questions With
        • Books
        • Events
        • Film Review
        • Local Entertainment
      • Family
      • Food
        • Drinks
      • Health & Wellness
      • Home & Garden
      • Featured Books
    • Religion
      • National Religion
      • Local Religion
      • Obituaries
        • National Obituaries
        • Local Obituaries
      • Faith Commentary
    • Sports
      • MLB
        • Sounds
      • NBA
      • NCAA
      • NFL
        • Predators
        • Titans
      • NHL
      • Other Sports
      • Golf
      • Professional Sports
      • Sports Commentary
      • Metro Sports
    • Media
      • Video
      • Photo Galleries
      • Take 10
      • Trending With The Tribune
    • Classified
    • Obituaries
      • Local Obituaries
      • National Obituaries
    The Tennessee TribuneThe Tennessee Tribune
    Tennessee

    Tennessee Supreme Court Allows Both Direct And Indirect Negligence Claims In Slip And Fall Case

    Article submittedBy Article submittedApril 10, 2024No Comments3 Mins Read
    Facebook Twitter LinkedIn Telegram Pinterest Tumblr Reddit Email
    Share
    Facebook Twitter LinkedIn Pinterest Email

    Nashville, TN. The Tennessee Supreme Court held that a plaintiff may go forward with claims of direct negligence against a business even after the business admits it is indirectly liable for any negligence of its employee.  The Court also held that a plaintiff may assert concurrent claims based on both negligent activity and premises liability.

    On December 17, 2018, Melissa Binns (“Plaintiff”) allegedly slipped and fell at a grocery store owned and operated by Trader Joe’s East, Inc. (“Defendant”) in Nashville, Tennessee.  Plaintiff claimed that an employee of Defendant negligently loaded and stocked tofu in the store, causing a package to fall and release a clear liquid onto the floor.  While shopping, Plaintiff walked down the aisle with the spill, slipped on the liquid, and suffered injuries.  Plaintiff filed suit, alleging premises liability, negligent training, negligent supervision, and indirect or “vicarious” liability against Defendant.  In its answer, Defendant denied liability for the incident but admitted it would be vicariously liable for the conduct of its employee if the fact finder determined the employee was negligent. 

    Defendant then filed a motion for partial judgment on the pleadings, attempting to dismiss Plaintiff’s negligent training and supervision claims.  Defendant argued that Plaintiff’s direct negligent claims were “legally deficient” for two reasons.  First, Defendant argued that the negligent training and supervision claims were precluded because Defendant had admitted to being vicariously liable for the actions of its employees, a theory known as the “preemption rule.”  Alternatively, Defendant argued that “negligent activity” and premises liability claims cannot be asserted concurrently in a lawsuit by a single plaintiff because the claims are logically inconsistent.  

    The trial court denied Defendant’s motion for partial judgment on the pleadings.  However, the trial court granted Defendant permission to file an interlocutory appeal to ask the Court of Appeals to determine the viability of Defendant’s proposed rules under Tennessee law.  Although the Court of Appeals declined Defendant’s application, the Tennessee Supreme Court granted review.

    Advertisement

    The Tennessee Supreme Court affirmed the trial court’s ruling.  First, the Court declined to adopt what courts call the “preemption rule,” which says that once an employer admits vicarious liability for its employee’s negligence, plaintiffs cannot go forward with claims of direct negligence against the employer.  The Court explained that the preemption rule conflicts with Tennessee’s system of modified comparative fault, among other concerns.

    The Court also declined to adopt Defendant’s proposed rule involving “negligent activity” and premises liability claims.  It explained that even if claims for “negligent activity” and premises liability are logically inconsistent under the particular facts of a given case, the Tennessee Rules of Civil Procedure permit parties to state separate claims in their complaint, “regardless of consistency.” 

    To read the unanimous opinion in Binns v. Trader Joe’s East Inc., authored by Justice Roger A. Page, visit the opinions section of TNCourts.gov.

    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
    Article submitted

    Related Posts

    Groups File Federal Lawsuit Over Tennessee’s New Extreme Anti-Immigrant Law

    June 11, 2026

    First installation of the state’s new “Welcome to Tennessee” signage program unveiled

    June 6, 2026

    Tennessee Tribune Host 5th Annual Black Rodeo

    June 2, 2026

    Gov. Lee, General Assembly Invest in Tennessee Agriculture Through 2026–2027 Budget

    May 26, 2026

    Tennessee halts Tony Carruthers execution after staff unable to find vein for lethal injection

    May 22, 2026

    Governor Lee Appoints Jennifer Covellis Chancery Court Judge

    May 20, 2026

    Comments are closed.

    Business

    Whit’s Frozen Custard to open in White House this summer

    June 9, 2026

    Tennessee Department of Human Services opens grant applications for non-profits

    June 6, 2026

    Ben Crump and LL Cool J Launch DreamFi, a Financial Platform to Close the Wealth Gap

    May 29, 2026
    1 2 3 … 402 Next
    Education
    Featured

    Fisk University data center sparks protest from Tennessee Rep. Justin Jones

    By Kendrick MarshallJune 12, 2026

    Fisk University is facing pushback over a proposed data center near its main campus. On…

    Hannah Said Selected as Next Student Member of Board of Education

    June 12, 2026

    South College holds ‘Tennessee Signing Day’ for incoming students

    June 10, 2026

    Wells Family Honored With Meharry Ballroom Renaming

    June 9, 2026
    The Tennessee Tribune
    X (Twitter) Instagram
    • About Us
    • Digital Subscription
    • Store
    • Advertise With Us
    • Contact
    © 2026 The Tennessee Tribune - Site Designed by No Regret Media.

    Type above and press Enter to search. Press Esc to cancel.