Barret Albritton

The Tennessee Court of Appeals’ decision in Torres v. YMCA of Middle Tennessee provides an important reaffirmation of the strength of liability waivers under Tennessee law and offers guidance for defense counsel and insurers evaluating early dispositive strategies. The opinion confirms that well-drafted exculpatory agreements remain a powerful risk-management and claims-resolution tool, often capable of ending litigation at the summary judgment stage.

If you have been a lawyer for any amount of time, you’ve likely heard the term “nuclear verdict.” Post-COVID-19, we are seeing an increase in these enormous verdicts, particularly in personal injury and wrongful death cases. This trend raises an important question: What factors are contributing to the desensitization of jury pools, leading to these unprecedented verdicts? More importantly, what can we, as defense lawyers, do to mitigate or at least slow down this trend?