Day on Torts

OCTOBER 31, 2022

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. In Laferney v. Livesay , No. 20-17-106 and Nandigam Neurology, PLC v. 3d 651 (Tenn.

Tort 59

Tort Statute Attorney Court 59

Day on Torts

NOVEMBER 15, 2022

E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. The Court of Appeals quoted Tenn. In Reiss v.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Day on Torts

FEBRUARY 16, 2022

M2021-00262-COA-R3-CV, 2022 WL 202641 (Tenn. 24, 2022), plaintiff was walking on a sidewalk in a residential neighborhood when she tripped and fell over a sewer cleanout cap that protruded from the middle of the sidewalk. In Garamella v. City of Lebanon , No. internal citation omitted). Code Ann. §

Tort 59

Tort Construction Statute Court 59

Day on Torts

NOVEMBER 17, 2022

M2021-01347-COA-R3-CV, 2022 WL 16846642 (Tenn. 10, 2022), plaintiffs and defendants had been involved in extensive litigation related to a boundary line dispute running between their residential properties. Because the trial court applied the wrong intent standard to the issue, dismissal of the trespass claim was vacated.

Tort 59

Tort Statute Court Litigation 59

Day on Torts

AUGUST 2, 2022

E2021-01156-COA-R3-CV, 2022 WL 2866006 (Tenn. July 21, 2022), plaintiffs were the adult daughters of decedent and defendant was the widow of decedent. Conversion is subject to a three-year statute of limitations. In its analysis, the Court of Appeals ruled that plaintiffs had constructive notice of their claim in October 2009.

Construction 59

Construction Tort Statute Attorney 59

Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

Manufacturing 67

Manufacturing Court Statute Laws 67

Conflict of Laws

NOVEMBER 14, 2022

The 2022 edition once again proved the immense value that the Summer Courses offer. Jean-Marc Thouvenin , Secretary-General of the Academy, this year’s inaugural lecture was given by Dominique Hascher, judge at the Supreme Judicial Court of France. It presented three juridical sources in hierarchy: statute, equity and common law.

Tort 52

Tort Contract Laws Statute 52

Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. 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. In the same fiscal year, the Court issued opinions in 63 cases. Link to Court of Appeals Opinions: [link].

Court 59

Court Tort Statute Lawyer 59

Day on Torts

FEBRUARY 10, 2022

M2020-01438-COA-R3-CV, 2022 WL 168145 (Tenn. 19, 2022), plaintiff county filed this legal malpractice suit against defendant attorney who had represented the county in an underlying action filed by a former county employee. The trial court denied that motion and entered an award for the former employee on July 7, 2017.

Legal 59

Legal Legal Tort Statute 59

Day on Torts

JUNE 20, 2022

Where plaintiffs alleged that “church entities were negligent regarding the sexual abuse of minors” by a clergyman, and the allegations included claims of fraudulent concealment through an investigation that was actually a “whitewash,” dismissal based on the statute of limitations was reversed. W2021-00353-COA-R3-CV, 2022 WL 1837455 (Tenn.

Statute 59

Statute Tort Court Rules Court 59

Day on Torts

JUNE 21, 2022

M2021-00563-COA-R3-CV, 2022 WL 2069160 (Tenn. June 9, 2022), plaintiff and defendant husband were in the process of getting divorced. The Court reasoned: Tennessee law has made clear that possession is not sufficient to establish a conversion, defiance of the true owner’s rights must be alleged. internal citation omitted).

Tort 59

Tort Divorce Statute Contract 59

Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. These ‘US Terms and Conditions’ included a class action waiver clause, a choice of law clause selecting US maritime law, and an exclusive jurisdiction clause selecting US courts.

Contract 70

Contract Laws Court Statute 70

Day on Torts

OCTOBER 18, 2022

E2021-01197-COA-R3-CV, 2022 WL 5295794 (Tenn. 7, 2022), plaintiff went to defendant hospital for treatment for a laceration on his foot. The Court therefore found plaintiff’s “argument regarding direct negligence to be unavailing.”. In Howell v. Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System , No.

Tort 59

Tort Court Statute Laws 59

Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn.

Tort 59

Tort Statute Attorney Court 59

Day on Torts

JUNE 13, 2022

M2020-01291-COA-R3-CV, 2022 WL 1788274 (Tenn. June 2, 2022), defendant had previously been married to one of the plaintiffs, and a final decree of divorce had been issued in their divorce case. Note: Chapter 28, Section 11 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Litigation 59

Litigation Litigating Tort Divorce 59

Day on Torts

OCTOBER 3, 2022

M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. 28, 2022), plaintiff was a real estate professional involved in some capacity with Durham Farms, which was a large residential community. Having found that the TPPA applied, the Court moved on to considering whether plaintiff had shown a prima facie case for each element of his two claims.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

SEPTEMBER 7, 2022

Where defendant driver stated that the accident that injured plaintiff passenger was due to her swerving to avoid a wild animal that unexpectedly entered the roadway, and plaintiff “presented no evidence of negligence on the part of the defendant,” summary judgment for defendant was affirmed by the Tennessee Court of Appeals. In Owings v.

Tort 59

Tort Depositions Court Statute 59

Day on Torts

JUNE 15, 2022

E2021-012553-COA-R9-CV, 2022 WL 1788380 (Tenn. June 2, 2022), plaintiff was injured when he crashed his motorcycle after hitting a pothole on a state-owned highway. The court, however, denied the State’s motion, finding that “to hold that both the State and the City were immune from suit would be against public policy.”

Contract 52

Contract Tort Statute Government 52

Day on Torts

JANUARY 25, 2022

Where plaintiff wife failed to give written notice of her loss of consortium claim against the State of Tennessee to the Division of Claims and Risk Management, dismissal of her claim was affirmed, despite the fact that her complaint was filed with the Claims Commission within the statute of limitations. In Kampmeyer v. State , No.

Tort 52

Tort Statute Court Laws 52

Day on Torts

MAY 13, 2022

M2020-01209-COA-R3-CV, 2022 WL 1220917 (Tenn. April 26, 2022), plaintiff was represented by defendant attorney in an underlying case in which plaintiff asserted several claims, including malicious prosecution. In the instant case, defendant moved for summary judgment on the legal malpractice claim, which the trial court granted.

Legal 59

Legal Legal Tort Statute 59

Day on Torts

JULY 26, 2022

M2021-01021-COA-R3-CV, 2022 WL 2718659 (Tenn. July 13, 2022), plaintiffs’ son died and the local police department ruled the death a suicide. Plaintiffs, however, did not bring up any argument regarding the Post-Mortem Examination Act in the trial court, so the Court of Appeals refused to consider such argument on appeal.

Tort 59

Tort Court Attorney Statute 59

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. In Jackson v.

Tort 59

Tort Depositions Depose Court 59

Day on Torts

FEBRUARY 22, 2022

M2020-01626-COA-R3-CV, 2022 WL 244108 (Tenn. 27, 2022), plaintiff purchased a piece of property in a distress sale and did not perform an inspection before the purchase. Based on the evidence presented, the trial court granted summary judgment to the State, and the Court of Appeals affirmed. In Walker v. State , No.

Tort 59

Tort Construction Depositions Statute 59

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.

Tort 59

Tort Construction Court Statute 59

Day on Torts

JUNE 7, 2022

M2021-00653-COA-R3-CV, 2022 WL 1652552 (Tenn. May 25, 2022) (memorandum opinion), plaintiff was an inmate at defendant county’s jail. The Court pointed out that because plaintiff said he reported the leak while the employees said he did not, the “trial court was faced with directly competing proof.” In Vaughn v.

Depositions 59

Depositions Tort Court Construction 59

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 of Appeals began by looking at Tenn. State , No. On appeal, that ruling was reversed. Code Ann. §

Tort 59

Tort Statute Cause of Action Court 59

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.

Contract 52

Contract Tort Court Rules Statute 52

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. Code Ann. §

Tort 59

Tort Statute Court Construction 59

Day on Torts

OCTOBER 11, 2022

M2021-00877-COA-R3-CV, 2022 WL 4841912 (Tenn. 4, 2022), plaintiff was leaving a church service and walking on sidewalks owned by defendant city when she tripped and fell. The statute at the core of the appeal was Tenn. In Mitchell v. City of Franklin, Tennessee , No. internal citation omitted). Code Ann. §

Construction 52

Construction Tort Statute Court 52

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. The trial court granted the motion, finding that defendant had absolute immunity, and the Court of Appeals affirmed. In Parker ex rel. Dassow , No.

Tort 45

Tort Contract Court Statute 45

Day on Torts

FEBRUARY 24, 2022

M2021-00107-COA-R3-CV, 2022 WL 244532 (Tenn. 27, 2022), plaintiff’s father and defendant were neighbors. The trial court agreed and granted summary judgment, but that ruling was reversed on appeal. . The Court began its analysis by looking at whether plaintiff was a trespasser on defendant’s property. Fuqua , No.

Tort 59

Tort Court Statute Litigation 59

Day on Torts

MARCH 4, 2022

M2020-01507-COA-R3-CV, 2022 WL 420666 (Tenn. 11, 2022), plaintiff was injured in a one-car accident caused by tire debris on the interstate. After hearings and additional briefings, the trial court granted summary judgment to defendants on all claims. In Walker v. McMillin , No. internal citation omitted).

Tort 59

Tort Depositions Court Statute 59

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. Plaintiff responded by arguing that defendant had waived this argument and that there was material evidence to support the verdict, and the Court of Appeals agreed on both points. In Hogue v.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

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. The County filed a motion to dismiss based on the GTLA discretionary function exception and/or the public duty doctrine, which the trial court granted, but the Court of Appeals reversed.

Tort 59

Tort Cause of Action Court Statute 59

Day on Torts

FEBRUARY 17, 2022

M2019-02238-COA-R3-CV, 2022 WL 202639 (Tenn. 24, 2022), plaintiffs were the parents of a minor child who was severely injured when he was playing on property owned by defendant church and he came into contact with a downed power line. The Court of Appeals, however, disagreed. In Kelly v. internal citation omitted).

Construction 59

Construction Tort Court Statute 59

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 trial court applied the statutory non-economic damages cap to reduce the award to $1,529,777, which the Court of Appeals affirmed in a lengthy opinion.

Tort 59

Tort Personal Injury Court Court Rules 59

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.

Tort 59

Tort Court Statute Laws 59