Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

Statute 59

Statute Tort Cause of Action Diligence 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

FEBRUARY 3, 2022

Where the trial court did not provide sufficient reasoning in support of its dismissal of plaintiffs’ various HCLA and informed consent claims, summary judgment for defendants was vacated. Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Gibson , No.

Statute 59

Statute Tort Court Diligence 59

Day on Torts

DECEMBER 5, 2022

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

FEBRUARY 10, 2022

The trial court denied that motion and entered an award for the former employee on July 7, 2017. After this award was entered, County Attorney Robert Husker “began reviewing the court file and investigating the decisions made by [defendant attorney] during the trial.” On appeal, dismissal was affirmed. internal citation omitted).

Legal 59

Legal Legal Tort Statute 59

Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism. Such a prism is helpful if we want to rethink (as we must!)

Diligence 56

Diligence Litigation Litigating Legal 56

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. §

Statute 59

Statute Cause of Action Court Rules Diligence 59