· 1/18/2005
Doe Ex Rel. Doe v. Roman Catholic Diocese of Nashville
Citations
- 154 S.W.3d 22
- 2005 Tenn. LEXIS 10
- 2005 WL 88972
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “recklessness is typically a criterion for determining whether punitive damages are warranted in negligence cases”
- explaining that a trial court also abuses its discretion in making a decision “which is against logic or reasoning and which causes an injustice to the complaining party”
- stating an abuse of discretion will be found “where the trial court applied an incorrect legal standard”
- “Recklessness ‘entails a mental element that is not necessarily required to establish gross negligence.’” (quoting Dan B. Dobbs, The Law of Torts 351 (2001))
- “Recklessness as conscious disregard [under § 46] requires that the actor be aware of a substantial and unjustifiable risk of harm.”
- “Recklessness cannot require that the actor aim the conduct toward a specific person or a specific 21 result, for to do so would contradict the inattentive and thoughtless nature of disregard.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Drowota, III, Anderson, Holder, Barker, Wallace
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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