Day on Torts

SEPTEMBER 9, 2022

E2021-01085-COA-R3-CV, 2022 WL 3589838 (Tenn. 23, 2022), several insurance companies filed suit against the City of Sevierville, Sevier County Electric System (SCES), and Wolf Tree, who was SCES’s vegetation management contractor (the cases filed by the insurance companies were consolidated). Sevier County Electric System , No.

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Day on Torts

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

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Day on Torts

MAY 11, 2022

E2021-00881-COA-R9-CV, 2022 WL 1117453 (Tenn. April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as the employer of Dr. Landry, who was allegedly negligent. The Court continued its analysis by pointing out that one of its prior decisions supported dismissal in this case.

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Day on Torts

SEPTEMBER 14, 2022

M2021-00867-COA-R3-CV, 2022 WL 4112706 (Tenn. 9, 2022), plaintiff was a roofer who was injured while working on a homeowner’s roof. After discovery, DSS filed a motion for summary judgment, which the trial court granted. In a brief analysis, the Court of Appeals first considered plaintiff’s premises liability theory.

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Day on Torts

OCTOBER 24, 2022

E2021-01402-COA-R3-CV, 2022 WL 11584155 (Tenn. 20, 2022), plaintiff filed this HCLA suit on behalf of her son. Plaintiff argued that Erlanger’s payments to UT were essentially funneled to defendant, but the Court rejected this argument. In Parker ex rel. Dassow , No. Click on the link to see the book’s Table of Contents.

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Day on Torts

MAY 31, 2022

M2021-00314-COA-R3-CV, 2022 WL 1633552 (Tenn. May 24, 2022) , plaintiff suffered antibiotic tendonitis, a traumatic rupture to a tendon in her ankle, and chronic tendonitis after being prescribed medication for a cough that had an adverse reaction with the steroids she had been taking for years. In Breithaupt v.

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Day on Torts

JANUARY 15, 2022

In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. These are the cases where the Court has the discretion whether to hear the case or allow the lower court ruling to stand. Seven of the civil cases are tort cases.

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Day on Torts

FEBRUARY 24, 2022

W2020-00430-COA-R3-CV, 2022 WL 353697 (Tenn. 7, 2022), plaintiff was in a car accident caused by an employee of defendant, and defendant had admitted fault. The Court ruled that this was sufficient material evidence from which the jury could find a permanent injury in this case. In Malone v. ASF Intermodal LLC , No.

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Day on Torts

DECEMBER 5, 2022

M2021-01335-COA-R3-CV, 2022 WL 17175608 (Tenn. 23, 2022), the issues revolved around plaintiff’s purchase of a home. Accordingly, the Court ruled that, pursuant to Tenn. Based on these facts, the Court ruled that there was material evidence supporting the jury’s finding that plaintiff acted with due diligence.

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Day on Torts

MAY 3, 2022

M2020-01448-COA-R3-CV, 2022 WL 1210462 (Tenn. April 25, 2022), plaintiff was shot multiple times by her estranged husband in August 2018. Considering the facts of this case, the Court ruled that “the complaint alleged sufficient operational acts or omissions to survive the motion to dismiss.” In Haynes v.

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Day on Torts

MARCH 28, 2022

W2020-01201-COA-R3-CV, 2022 WL 852904 (Tenn. 23, 2022), plaintiff and his wife lived in the Rivertrail neighborhood and were members of the defendant homeowner’s association (HOA). The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 In Walker v.

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Day on Torts

FEBRUARY 8, 2022

M2019-01748-SC-R11-CV, 2022 WL 175804 (Tenn. 20, 2022), plaintiff met with defendant doctor to discuss a breast reduction surgery, and defendant stated that “he was a board-certified plastic surgeon.” Because of this, the Court held that the HCLA applied “regardless of the theories of liability.”. In Cooper v. Mandy , No.

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Day on Torts

FEBRUARY 7, 2022

M2020-01063-COA-R3-CV, 2022 WL 150854 (Tenn. 18, 2022), plaintiff was driving his vehicle with his wife in the passenger seat. Based on the pleadings in this case and this comment, the Court ruled that “under the particular circumstances of this case and in light of the plain language of Rule 41.02(2), In Cryer v.

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SCOTUSBlog

JUNE 16, 2022

Court of Appeals for the 9th Circuit rejected Monsanto’s argument that it could not have violated California’s duty to warn because the Environmental Protection Agency had concluded under the labeling provisions of the Federal Insecticide, Fungicide and Rodenticide Act that the herbicide did not pose “any unreasonable risk to man or the environment.”

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

A magistrate judge in the federal district court for the District of Colorado recommended that the court grant an underground coal mine operator’s motion to dismiss a Clean Air Act citizen suit that alleged the mine required a Prevention of Significant Deterioration construction permit and a Title V operating permit. 1:20-cv-01342 (D.

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