Cindy Ettingoff Joins Shuttleworth PLLC.
We are excited to announce that Cindy Ettingoff has joined Shuttleworth PLLC, bringing with her a wealth of experience in labor and employment law. Ms. Ettingoff is licensed to practice in all Tennessee State Courts and the United States District Courts for the Middle and Western Districts of Tennessee.
She is recognized by the Tennessee Supreme Court as a Rule 31 Civil and Family Mediator, as well as a mediator trainer. Additionally, she serves as a CRP and FINRA arbitrator.
Ms. Ettingoff’s professional affiliations include membership in the Memphis Bar Association, the American Bar Association, and previous leadership roles such as Chair of the ADR section of the Tennessee Bar Association and President of the Tennessee Association for Professional Mediators. She also serves on the Tennessee Alternative Dispute Resolution Commission and the board of the Community Justice and Mediation Center.
Since 2014, she has contributed as a case reviewer for the American Bar Association’s employment law section’s midwinter publication.
We look forward to the valuable insights and expertise Ms. Ettingoff will bring to our team and clients.
Shuttleworth Partner Robert Talley Secures Summary Judgment – Franchise Restaurant.
Shuttleworth partner Robert Talley secured a summary judgment in a premises liability case in Desoto County, Mississippi on behalf of an owner-operator of a franchise restaurant. Plaintiff alleged severe injuries sustained when she fell in the lobby of the restaurant after receiving her ice cream cone at the counter. Plaintiff alleged that she tripped because of ice on the floor of the restaurant. Surveillance video from the store did not show any substance on the floor. Multiple customers had walked by the area without any problem.
Plaintiff argued that there was a dispute as to a material fact as to whether the plaintiff slipped on a piece of ice or a cleaning solution as a restaurant employee was cleaning the entrance door.
Talley argued that the Plaintiff could show the defendant knew, or should have known, about the alleged dangerous condition prior to the plaintiff tripping. Talley also argued that there was nothing in the record before the Court that would show that Defendant either: 1) Caused the dangerous condition, 2) Knew of the dangerous condition and failed to warn the Plaintiff or 3) The dangerous condition existed for such a period of time that Defendant should have known of its existence.
The Trial Court agreed and dismissed the case by Order of December 8, 2023.
Shuttleworth Attorney Rob Briley Acquires Summary Judgment – Real Estate Agent.
Shuttleworth attorney Rob Briley won summary judgment in favor of a real estate agent and her brokerage. Plaintiffs alleged various causes of action related to the non-disclosure of adverse facts by the agent related to the purchase and sale of residential real property. By Order entered May 6, 2024, the Court concluded that the plaintiffs produced insufficient evidence at the summary judgment stage to establish the existence of any adverse facts as defined by Tenn. Code Ann. § 66-5-206, or that the Tennessee Residential Property Condition Disclosure Form provided by the seller was not otherwise insufficient.
Shuttleworth Attorney Rob Briley Achieves Dismissal of Healthcare Liability Act Claim.
Shuttleworth attorney Rob Briley successfully argued that the plaintiff’s claim for breach of contract against a dentist was actually a healthcare liability act claim. The Court agreed because the plaintiff also alleged a defect in the quality of services rendered in stating her breach of contract claim. Because the plaintiff had failed even to attempt pre-suit notice before filing the action, the Court dismissed it pursuant to Tenn. Code Ann. §§ 29-26-121 and 122.