Day on Torts
NOVEMBER 7, 2022
Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn.
Day on Torts
MARCH 24, 2022
Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. W2021-00426-COA-R3-CV, 2022 WL 767709 (Tenn. In Jones v. Smith & Nephew Inc. , Code Ann. §
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Day on Torts
AUGUST 10, 2022
Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. E2021-00189-COA-R3-CV, 2022 WL 3092906 (Tenn. In Costner v. internal citation and quotations omitted).
Day on Torts
MAY 24, 2022
Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. In Lowery v. Redmond , No. W2021-00611-COA-R3-CV (Tenn.
JURIST
JULY 31, 2023
Izhar Ahmed Khan is a 2022 LL.B. Alongside, under the ‘good faith’ immunity clauses incorporated in most of the parliamentary statutes, the state institutions and their officers are provided immunity from civil claims arising from negligent or harmful actions done by them in the performance of their duties.
Day on Torts
MAY 18, 2022
M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. May 4, 2022), plaintiffs filed this pro se action that revolved around a newly built home they bought in August 2017 that had allegedly developed severe mold issues. In Simpkins v. John Maher Builders, Inc. , Code Ann. § 28-3-105.) On appeal, dismissal was partially reversed.
Conflict of Laws
NOVEMBER 14, 2022
The 2022 edition once again proved the immense value that the Summer Courses offer. Arnaud Nuyts , from the Université Libre de Bruxelles, held a Special Course on ‘The Forum for Cyber-Torts’, which is an excellent topic in today’s day and age. It presented three juridical sources in hierarchy: statute, equity and common law.
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