Day on Torts

OCTOBER 31, 2022

E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. 25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. In Laferney v.

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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. Lewis , No. During the later years of decedent’s life, he suffered from Alzheimer’s and his competency was disputed.

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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. Code Ann. § This opinion was released 1.5

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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. Note: Chapter 104, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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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. In Reiss v. Rock Creek Construction, Inc. ,

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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).

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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. In Coffee County v. Spining , No. On appeal, dismissal was affirmed.

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Day on Torts

FEBRUARY 3, 2022

W2020-01305-COA-R3-CV, 2022 WL 95167 (Tenn. 10, 2022), plaintiff had been treated by defendant doctor for cancer (defendant’s employer was also a defendant). Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Gibson , No.

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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.

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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. Note: Chapter 41, Section 8 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Howell v.

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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. Note: Chapter 41, Section 21 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Polhamus v.

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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.

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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. Note: Chapter 64, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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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. The Court quickly pointed out, however, that this case was not controlling law in Tennessee and that it was factually distinguishable from the case at hand. This is new law in Tennessee.

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Day on Torts

DECEMBER 8, 2022

M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn. 30, 2022), plaintiff filed a complaint against defendants asserting claims for defamation, invasion of privacy, and intentional interference with business relations. In Adamson v. Grove , No. internal citation omitted). Rule 41.01 internal citation omitted). internal citation omitted).

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Day on Torts

SEPTEMBER 7, 2022

E2021-01330-COA-R3-CV, 2022 WL 3570880 (Tenn. 19, 2022), plaintiff was a passenger while defendant was driving. Note: Chapter 73, Section 6 and Chapter 106, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Owings v. Owings , No.

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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. Because the TPPA is a relatively new statute, it has not been interpreted in many opinions. In Charles v. McQueen , No. Code Ann. § citing Tenn.

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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. Note: Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Walker v.

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Conflict of Laws

DECEMBER 19, 2023

More generally, the judgment provides a useful analysis of the interrelationship between statutory interpretation and choice of law, and lends weight to the proposition that product liability is properly governed by the law of the place of supply (or injury).

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Day on Torts

OCTOBER 31, 2022

E2021-00988-COA-R3-CV, 2022 WL 14162828 (Tenn. 25, 2022), the patient underwent a hysterectomy at a hospital in Kingsport, Tennessee. Note: Chapter 49, Section 8 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Jackson v. Thibault , No.

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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. Note: Chapter 89, Section 1 and Chapter 30, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Lynch v.

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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. There was no dispute that this case fell within the parameters of the GTLA, which generally codifies premises liability common law. In Vaughn v. Coffee County, Tennessee , No. Under Tenn.

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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

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 24, 2022

E2021-01402-COA-R3-CV, 2022 WL 11584155 (Tenn. 20, 2022), plaintiff filed this HCLA suit on behalf of her son. Note: Chapter 98, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Parker ex rel. Dassow , No.

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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. In Gilbert v. State , No. Click on the link to see the book’s Table of Contents.

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Day on Torts

FEBRUARY 24, 2022

M2021-00107-COA-R3-CV, 2022 WL 244532 (Tenn. 27, 2022), plaintiff’s father and defendant were neighbors. Day on Torts: Leading Cases in Tennessee Tort Law ? Day on Torts: Leading Cases in Tennessee Tort Law? Tennessee Law of Civil Trial ? BirdDog Law also provides Tennessee lawyers with?

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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. §

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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. The Court next looked at plaintiff’s allegation that defendant negligently failed to call law enforcement after the blowout. In Walker v. McMillin , No.

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ClimateChange-ClimateLaw

MAY 8, 2024

Lawyers, bar associations, and law societies have an important but not fully recognized role to play in achieving the net zero goal in the Paris Agreement. Climate Change as an Increasingly Common Feature of Law Practice Climate change is no longer an issue of concern only to environmental and energy lawyers. John Kerry, then U.S.

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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. In Kelly v. Debre Keranio Medhanialem Ethiopian Orthodox Tewahedo Church , No.

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Day on Torts

JANUARY 15, 2022

Given the case selection criteria in discretionary review matters and the types of appeal-as-of-right cases, each opinion is highly likely to materially impact Tennessee law. My new company and website, BirdDog Law , changes that. Because the trial court properly interpreted the statute, we affirm the trial court’s decision.

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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. This opinion is an important read for anyone litigating this issue, especially if the case pertains to decisions made by law enforcement officers. In Haynes v. Perry County, Tennessee , 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. Based on this case law, the Court rejected defendant’s argument that the cost of repair was the only available measure of damages. In Hogue v. P&C Investments, Inc. , internal citation omitted).

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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 sole issue on appeal was “whether the jury’s verdict [was] contrary to the law or evidence.” million in a car accident case, the verdict was affirmed. In Malone v.

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JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

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Day on Torts

MARCH 22, 2022

E2021-00261-COA-R3-CV, 2022 WL 678568 (Tenn. 8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Bradley , No.

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