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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.

Day on Torts

After decedent’s death, plaintiffs filed this suit in Tennessee, attempting to have the remaining settlement proceeds distributed as wrongful death proceeds rather than having them distributed under decedent’s will. Decedent himself ultimately accepted a settlement in lieu of further litigation. In Welch v. Welch , No.

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GTLA Attorney’s Fees Provision Permitting Award Against Plaintiff Deemed Constitutional

Day on Torts

After all defendants filed motions to dismiss, the trial court entered an order dismissing all claims, finding that all the claims were based on the premise that the adoption process was illegal under Tennessee law, but that it was not. Plaintiff argued that the statute did not apply to Ms. Reid and CRMC. Code Ann. §

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County not immune from suit where sheriff’s deputy failed to investigate death threats.

Day on Torts

Perry County, Tennessee , No. The Tennessee Supreme Court “has adopted a planning-operational test to determine whether a decision is discretionary within the meaning of the GTLA,” explaining that “planning or policy-making decisions are immune from liability” while “operational decisions do not enjoy the same protection.” In Haynes v.

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Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. Griffin voluntarily paid money to experience it.” _ In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. or houses near him.

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Public Duty Doctrine Applied To Eliminate Claim

Day on Torts

Dyer County Tennessee , No. The Court of Appeals first analyzed whether a special relationship was created by the deputy’s actions. Anyone litigating a case where the Public Duty Doctrine might be an issue would be wise to read this opinion and be aware of the multiple other cases it cites. In Kimble v.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. If they are found 51 percent at fault, they are barred entirely from recovery.

Tort 35
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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. If they are found 51 percent at fault, they are barred entirely from recovery.

Tort 36