TBA Law Blog


Posted by: Stacey Shrader Joslin on Jun 12, 2020

The Tennessee Supreme Court has held that a plaintiff who alleged that a massage therapist sexually assaulted her during a massage did not have to present expert testimony to support her claim against the therapist’s employer for negligent training, supervision and retention. Expert testimony was not needed because laypersons relying on their common knowledge could determine whether the employer was negligent, the court stated. The court also upheld the firing of a fire fighter, finding that an employee can claim rights based on an employee handbook only when the handbook specifically states it is intended to be a contract. Both opinions were unanimous.