Court Rules, Depositions and Tennessee

Plaintiff waived objection to discovery from testifying expert where objection was not made until expert deposition was in progress.

Day on Torts

MARCH 10, 2023

In an HCLA case discovery dispute, the Tennessee Court of Appeals ruled that plaintiff’s testifying experts’ “notes, drafts, and communications with counsel” were discoverable under the Tennessee Rules of Civil Procedure and that plaintiff had waived any claim that the requested items were privileged. In Starnes v.

Depositions

Depositions Drafting Healthcare Court Rules

Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.

Day on Torts

OCTOBER 3, 2022

Where plaintiff real estate professional brought an action for defamation and false light based on an online review written by defendant, defendant moved to dismiss the action pursuant to the Tennessee Public Participation Act (TPPA). In Charles v. McQueen , No. M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. citing Tenn. Code Ann. §

Prima Facie Case

Prima Facie Case Tort Real Estate Statute

Tennessee Court of Appeals: HCLA plaintiff should have been allowed to substitute expert.

Day on Torts

AUGUST 22, 2022

Where an HCLA plaintiff’s expert refused to testify due to no fault of plaintiff or plaintiff’s counsel, the Tennessee Court of Appeals ruled that the trial court should have allowed plaintiff to secure a substitute expert. In Blackburn v. McLean , No. M2021-00417-COA-R3-CV, 2022 WL 3225397 (Tenn.

Court

Court Court Rules Depositions Manufacturing

Exclusion of HCLA expert based on locality rule affirmed.

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.

Tort

Tort Depositions Depose Court

Denial of Tennessee uninsured motorist coverage affirmed.

Day on Torts

JULY 23, 2021

In his deposition, Mr. Tinnin stated that he bought the car for plaintiff, he intended it to be a wedding present for plaintiff, and that he purchased it for her personal use. Mr. Tinnin changed his testimony at trial and stated that he bought the car with the intention of flipping it, but the trial court did not credit this testimony.

Depositions

Depositions Court Contract Court Rules

Justice Fines and Fees Violate Constitution: Paper

The Crime Report

MARCH 30, 2022

The use of fines and fees to generate revenue for local justice systems constitutes a “predatory” relationship between law enforcement and citizens that violates the due process protections of the Constitution, according to a Tennessee Law Review paper. Supreme Court Rulings. As early as 1927, a Supreme Court cases, Tumey v.

Court

Court Depositions Laws Finance

Vegetation management contractor had no duty to remove tree located beyond scope of contract with electrical service.

Day on Torts

SEPTEMBER 9, 2022

The contract incorporated the terms of the SCES Manual, and looking at those two documents plus the deposition testimony from witnesses, the Court found that trees of a certain size and trees located beyond the 10-foot right of way were to be removed “at the sole discretion of SCES or SCES Project Representative.”

Contract

Contract Tort Court Rules Statute

Expert affidavit created issues of fact to withstand summary judgment in HCLA case

Day on Torts

NOVEMBER 24, 2020

Regarding the first two elements, the trial court found that Dr. Gunnerson had testified that defendant breached the standard of care not by failing to intubate the patient, but by failing “to have a plan to address [the patient’s] condition[.]” The Court of Appeals, however, disagreed with this interpretation.

Depositions

Depositions Court Rules Depose Court

Defendant doctor can be compelled to testify regarding standard of care of co-defendant nurse he supervises; Minor on Tenncare Has Right to Sue for Medical Expenses

Day on Torts

JULY 27, 2021

The trial court denied plaintiff’s motion for a new trial, and plaintiff then filed this appeal. The first issue surrounded Nurse Mercer’s deposition. After she reviewed her deposition, she “submitted an errata sheet making 24 changes to her testimony and explaining the reasons for the changes.” There were four issues on appeal.

Depositions

Depositions Healthcare Court Court Rules

Plaintiff’s judgment for student hit by shot put thrown by coach affirmed.

Day on Torts

JANUARY 29, 2021

The Governmental Tort Liability Act (GTLA) governs suits against governmental entities in Tennessee, removing immunity for governmental entities only in certain situations. The Court of Appeals affirmed the decision to allow use of the deposition, explaining that pursuant to Tenn. The portion of the Act in question here, Tenn.

Tort

Tort Depositions Court Sports

Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check

Day on Torts

AUGUST 9, 2021

Defendant signed both his own name and plaintiff’s name on the check, then deposited the proceeds into a joint account he shared with his then wife. In 2012, defendant submitted a form surrendering the annuity, and a check was made payable to plaintiff and defendant. internal citations omitted). internal citation omitted).

Divorce

Divorce Cause of Action Statute Diligence

Unsworn declaration created issue of fact to oppose summary judgment.

Day on Torts

DECEMBER 17, 2020

Plaintiff responded to the motion and attached to her memorandum a “Declaration of Barbara Lundell,” wherein she explained that she was nervous during her initial deposition and had incorrectly identified where the incident took place. While the trial court relied on Rule 56.06

Depositions

Depositions Court Court Rules Litigation

Summary judgment reversed where tombstone fell and injured plaintiff.

Day on Torts

MAY 10, 2021

Defendant moved for summary judgment, and the trial court granted the motion. During the deposition of one of defendant’s employees, he testified that defendant had been using the same compound to install headstones for ten years, but that he did not know exactly what that compound was. internal citation omitted).

Depositions

Depositions Court Rules Court Construction

Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” particularly those with ravenous monkeys. or houses near him.

Tort

Tort Litigation Litigating Manufacturing

Paralegal Brief

Plaintiff waived objection to discovery from testifying expert where objection was not made until expert deposition was in progress.

Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.

Trending Sources

Tennessee Court of Appeals: HCLA plaintiff should have been allowed to substitute expert.

Exclusion of HCLA expert based on locality rule affirmed.

Denial of Tennessee uninsured motorist coverage affirmed.

Justice Fines and Fees Violate Constitution: Paper

Vegetation management contractor had no duty to remove tree located beyond scope of contract with electrical service.

Expert affidavit created issues of fact to withstand summary judgment in HCLA case

Defendant doctor can be compelled to testify regarding standard of care of co-defendant nurse he supervises; Minor on Tenncare Has Right to Sue for Medical Expenses

Plaintiff’s judgment for student hit by shot put thrown by coach affirmed.

Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check

Unsworn declaration created issue of fact to oppose summary judgment.

Summary judgment reversed where tombstone fell and injured plaintiff.

Spooky Torts: The 2023 List of Litigation Horrors

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