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News Release

Paul Whitt, Chris McCarty and Mikel Towe Successfully Defend Appeal of Their Summary Judgment on a Contract Case.

This case involved Plaintiff homeowners who sued the former owners and sellers of the home (Defendants). The Plaintiff alleged the Defendants were guilty of fraud, negligent misrepresentation, breach of contract and violation of Tennessee Consumer Protection Act.  These allegations were based on Plaintiff’s allegation that the Defendants covered up water intrusion issues and related damages, which were allegedly discovered by Plaintiff following completion of the purchase of the home.  After discovery, Defendants moved for summary judgment on all claims, and supported the motion with proof that the Defendants did not engage in any of the alleged activity complained of by the Plaintiff, and the Plaintiff knew of the alleged issues prior to closing.

The Motion for Summary Judgment was granted at the trial court level, and affirmed on appeal in all respects by the Tennessee Court of Appeals.

We congratulate Paul, Chris and Mikel on their victory!

Whitt-4467Paul Whitt, a shareholder in the firm’s Knoxville office, practices in the areas of construction law and litigation, including professional liability defense of design professionals, such as engineers, architects and surveyors, as well as professional liability representation of accountants and lawyers. Mr. Whitt also has significant experience representing insurance carriers in first party actions brought by insureds related to coverage matters, claims of bad faith, insurance fraud and other extra-contractual matters, as well as experience in general civil litigation.

McCarty-5121Chris W. McCarty, a shareholder in our Knoxville office, practices in the areas of employment law, education law and civil litigation. Mr. McCarty handles matters before state and federal courts throughout Tennessee, and has argued before the Tennessee Court of Appeals. Mr. McCarty also presents on employment and education law topics. His articles on those topics have been seen in numerous publications, including HR Magazine, the Tennessee Bar Journal and the Knoxville Business Journal.

towe-02201Mikel Towe is an associate in the firm’s Knoxville office practicing in the areas of employment law, insurance defense, personal injury, landlord/tenant law, and general civil litigation. Mr. Towe graduated from the University of Tennessee College of Law in 2013. Since graduating from law school, Mr. Towe has gained significant experience defending clients in various court proceedings and trials throughout East Tennessee.