Day on Torts

OCTOBER 24, 2022

Where defendant physician was employed by a state university and received no personal gain from the clinical services she rendered at a hospital, and plaintiff had brought an HCLA action based on these hospital clinical services, summary judgment pursuant to defendant’s absolute immunity under the Tennessee Claims Commission Act was affirmed.

Tort 45

Tort Contract Court Statute 45

Day on Torts

FEBRUARY 18, 2021

HCLA statute of limitations for claim against doctor and hospital began to run on same date. Defendants moved to dismiss the case based on the statute of limitations, arguing that the one-year limitations period for this HCLA claim began to run on October 31, 2017 when plaintiff learned that the screws had been inserted incorrectly.

Statute 64

Statute Cause of Action Diligence Court 64

SCOTUSBlog

MARCH 20, 2023

7 Tennessee Sour Mash Whiskey” manufactured by “Jack Daniel’s,” the toy refers to a “Bad Spaniel” that makes “Old No. 2 on your Tennessee carpet.” On dilution (under the federal Trademark Dilution Revision Act), the court held that VIP was protected by an exception for “noncommercial” uses.

Statute 107

Statute Manufacturing Court Decisions Court 107

Day on Torts

FEBRUARY 16, 2022

The Court noted that plaintiff’s only evidence that the cap was dangerous was the evidence of her own fall and the fall of the alleged other unnamed homeowner, and that “[n]egligence cannot be presumed by the mere happening of an injury or accident.” internal citation omitted). Code Ann. § This opinion was released 1.5

Tort 59

Tort Construction Statute Court 59

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. John Maher Builders, Inc. ,

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. Pursuant to the language of the statute, the trial court had held that plaintiffs’ claims could not proceed because they were based on allegations of reckless conduct. In Lawson v.

Tort 59

Tort Cause of Action Statute Court 59

Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. On appeal, this ruling was reversed. Code Ann. §

Construction 59

Construction Tort Statute Attorney 59

Day on Torts

DECEMBER 8, 2022

More than two weeks after the order of dismissal was entered, defendants filed a “combined motion to alter or amend and petition to dismiss with prejudice pursuant to the Tennessee Public Participation Act” (TPPA). voluntary dismissals in Tennessee. Rule 41.01 internal citation omitted). internal citation omitted).

Tort 59

Tort Statute Attorney Court 59

Day on Torts

SEPTEMBER 9, 2022

Plaintiff attempted to rely on additional documents referred to in the SCES manual to support a finding of duty, but the Court noted that the Manual specifically referred to these additional documents in an attempt to provide proper pruning methods, not to add to defendant’s contractual duty. internal citations omitted).

Contract 52

Contract Tort Court Rules Statute 52

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 59

Tort Depositions Depose Court 59

Day on Torts

MAY 11, 2022

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 continued its analysis by pointing out that one of its prior decisions supported dismissal in this case. In Gilbert v. State , No. In Dotson v. State , No.

Tort 59

Tort Statute Cause of Action Court 59

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn. Code Ann. § Code Ann. §

Statute 59

Statute Cause of Action Court Rules Diligence 59

Day on Torts

MAY 31, 2022

When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Note: Chapter 45, Sections 3, 9 and 12 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Statute Court Construction 59

Day on Torts

MARCH 11, 2022

The issue on appeal was “whether it was permissible for the trial court to look beyond the power of attorney for health care and examine the circumstances surrounding the execution of the document in 2012 in order to determine whether [the brother] was competent at that time.” National Health Corp. , 3d 876 (Tenn. Code Ann. § Code Ann. §

Attorney 59

Attorney Statute Healthcare Court 59

SCOTUSBlog

JUNE 10, 2021

Borden argued that the enhancement did not apply because one of the three prior offenses that the government relied on was a conviction under Tennessee law for reckless aggravated assault. United States , the Supreme Court ruled that the residual clause is so vague that it is unconstitutional and therefore cannot be enforced.

Felony 128

Felony Court Statute Government 128

Day on Torts

DECEMBER 5, 2022

While defendant urged the Court to “follow the modern trend taken in federal courts, which no longer requires renewal of a motion for directed verdict at the close of all the proof,” the Court declined to change long-standing Tennessee law. Accordingly, the Court ruled that, pursuant to Tenn.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

SEPTEMBER 14, 2022

After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.

Tort 59

Tort Construction Court Statute 59

Day on Torts

FEBRUARY 7, 2022

City of Algood, Tennessee , No. At the close of plaintiff’s proof, defendant moved for involuntary dismissal of plaintiff’s claims pursuant to Tennessee Rule of Civil Procedure 41.02(2), 2), which the trial court granted. 2), the trial court did not err in considering the testimony of [plaintiff’s wife].”.

Tort 52

Tort Court Statute Laws 52

Day on Torts

MARCH 28, 2022

The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 Accordingly, the Court ruled that the fact was admitted and defendant could not “be charged with actual notice.”. internal citations and quotations omitted). Summary judgment was therefore affirmed.

Tort 45

Tort Construction Court Rules Court 45

Day on Torts

APRIL 25, 2022

Our General Assembly has made it clear by statute…that healthcare decision-making pursuant to a power-of-attorney in Tennessee requires specific authorization by healthcare power-of-attorney. …In The Court looked to a 2017 Tennessee Supreme Court Case, Beard v. Branson , 528 S.W.3d 3d 487 (Tenn. Branson , 528 S.W.3d

Attorney 59

Attorney Healthcare Court Rules Court 59

Day on Torts

MAY 3, 2022

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.”

Tort 59

Tort Cause of Action Court Statute 59

Day on Torts

FEBRUARY 8, 2022

The trial court denied the motion to dismiss, holding that “Plaintiffs’ claims for medical battery and intentional misrepresentation were based on false statements the Defendants made to [plaintiff] before they established a doctor-patient relationship,” and the Court of Appeals affirmed this “temporal analysis” on interlocutory appeal.

Tort 59

Tort Court Statute Laws 59

Day on Torts

APRIL 7, 2021

Defendant doctors and defendant hospital filed motions to dismiss, alleging that the medical authorizations sent with plaintiff’s pre-suit notice were not HIPAA compliant, and that plaintiff was therefore not entitled to the 120-day extension of the statute of limitations under Tenn. Code Ann. § 29-26-121(c), making his suit untimely.

Statute 59

Statute Court Court Rules 59

Day on Torts

APRIL 22, 2021

Defendant filed a motion to dismiss on two grounds, the statute of limitations and “failure to plead facts to state a claim as required by Tenn. The trial court granted dismissal on both grounds, and because plaintiff failed to address the Rule 8.01 argument in her appeal, dismissal was affirmed.

Statute 59

Statute Court Rules Legal Legal 59

Day on Torts

FEBRUARY 14, 2022

Based on the circumstances of this case and the application of the relevant statute, however, the Court of Appeals disagreed. The Court noted that Tenn. 56-7-135 is a burden shifting statute, and that plaintiff “did not assert that it successfully rebutted the statutory presumption.” Code Ann. § Code Ann. §

Contract 59

Contract Statute Court Legal 59

Day on Torts

JANUARY 25, 2021

The Tennessee Supreme Court recently held that product liability defendants “cannot be held liable for injuries resulting from products they did not make, distribute, or sell.” In Coffman v. Armstrong International, Inc., E2017-01985-SC-R11-CV (Tenn. 4, 2021), plaintiff was the wife of a deceased employee of a chemical plant.

Manufacturing 59

Manufacturing Court Statute Laws 59

JonathanTurley

APRIL 21, 2021

The videotape does appear to satisfy the standard for the use of lethal force under Tennessee v. ” That language is derived from Tennessee v. The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against such fleeing suspects. Garner and other case law. Garner , 471 U.S.

Felony 42

Felony Statute Court Rules Court 42

Day on Torts

AUGUST 12, 2021

Where defendant doctor was an employee of a governmental entity and plaintiffs failed to name the employer in their HCLA suit, dismissal under the Tennessee GTLA was affirmed. The trial court granted summary judgment to defendant based on the GTLA, and the Court of Appeals affirmed. In Braylon W. Walker , No.

Tort 59

Tort Court Statute Contract 59

Day on Torts

APRIL 29, 2021

The Tennessee Supreme Court has interpreted this requirement to mean that a plaintiff must “provide pre-suit notice to prospective health care defendants each time a complaint is filed.” This conclusion is most aligned with Tennessee law and public policy. Here, [defendants] received the Notice on April 25, 2019.

Tort 59

Tort Cause of Action Statute Court 59

Day on Torts

AUGUST 9, 2021

The trial court found plaintiff’s testimony that she was not involved in setting up the annuity and had no knowledge of it to be credible, and it ruled that defendant was liable for conversion. These rulings were affirmed on appeal. In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn. internal citations omitted).

Divorce 59

Divorce Cause of Action Statute Diligence 59

Day on Torts

APRIL 6, 2022

In this case, the first requirement was met when defendant agreed to pay $30,000 toward the judgment, as the Court ruled that this action “manifested an intent to treat the judgment as valid[.]”. While the Court agreed with plaintiff that Tenn. internal citation omitted). In Turner v. Turner , 473 S.W.3d 3d 257 (Tenn.

Compensatory Damages 59

Compensatory Damages Punitive Damages Court Rules Court 59

Day on Torts

JANUARY 11, 2021

Dyer County Tennessee , No. The Court of Appeals first analyzed whether a special relationship was created by the deputy’s actions. Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. In Kimble v. W2019-02042-COA-R3-CV (Tenn.

Cause of Action 59

Cause of Action Tort Court Statute 59

Day on Torts

MAY 28, 2021

In its analysis, the Court took note of plaintiffs’ argument that the HCLA differentiates between the “claimant” and the “patient,” and that the statute requires the HIPAA authorization to include the name and date of birth of the patient, who in this case was the deceased child. internal citations omitted).

Statute 45

Statute Court Court Rules Government 45

Day on Torts

AUGUST 19, 2021

While plaintiff had attached “unrelated examples of medical releases and discovery requests from other cases” to her response to the motion to dismiss, there was “nothing in the record to suggest that the Trial Court considered these…in making its decision.” internal citation omitted).

Court 52

Court Healthcare Statute Court Rules 52

Attorney at Work

MAY 31, 2022

Managing an increasing volume of cases and court deadlines– sometimes in multiple jurisdictions – is one of the biggest time management challenges for law firms. . A Tennessee lawyer was suspended and put on probation after failing to file a personal injury case. The statute of limitations ran out due to his forgetting the deadline.

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Calendaring Court Lawyer Lawyers 128

Day on Torts

SEPTEMBER 1, 2021

Subsection (c) of this statute states that if the claim is denied by the DCRM, “the division shall so notify the claimant and inform the claimant of the reasons therefor and of the claimant’s right to file a claim with the claims commission within ninety (90) days of the date of the denial notice.” 9-8-402(c).” Code Ann. §

Statute 52

Statute Personal Injury Court Construction 52

SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. Tennessee , a long-running dispute between the two states over groundwater in an aquifer.

Compensatory Damages 142

Compensatory Damages Court Education Court Rules 142