Summary Judgment Is Revived in Tennessee

Last month, Governor Haslam signed into law two bills that have returned Tennessee summary judgment jurisprudence back to the federal standard. These laws overruled two landmark decisions by the Tennessee Supreme Court - Hannan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn. 2008), and Gossett v. Tractor Supply Co., Inc., 320 S.W.3d 777 (Tenn. 2010) - which created a significantly different standard for summary judgment motions in Tennessee.

Assault, Battery, Intentional Infliction of Emotional Distress, and Kobe Bryant (Memphis Style)

Bill Geeslin and his wife won courtside tickets to a Grizzlies-Lakers game from a Tunica casino.  At the time they must have thought they hit a small jack-pot.  As events turned out, they would have been better off going to the buffet instead.   During the game, a Lakers player recovered a loose ball and attempted to throw the ball to Kobe Bryant for a fast break lay-up, but the ball went out of bounds and Bryant’s momentum carried him into contact with Mr. Geeslin.  Mr. Geeslin’s contact with NBA fame was not pleasant.  Bryant acknowledged that he pushed his forearm into Mr. Geeslin’s chest to get up and back into the game.  Mr. Geeslin, however, contended that Bryant did not simply use his forearm to get up and leave, but rather intentionally “forearmed” him.  He also claimed that Bryant then glared at him, did not apologize, and walked away.  Mr. Geeslin was diagnosed with a bruised lung cavity.