Day on Torts

MAY 4, 2021

My newest column it Tennessee Bar Journal: Traffic Citations: Their Impact on Statutes of Limitations in Personal Injury and Wrongful Death Cases.”

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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.”. The TPPA is Tennessee’s anti-SLAPP statute, which stands for “strategic lawsuits against public participation.” In Laferney v.

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Day on Torts

DECEMBER 22, 2023

Where defendant received a citation for violating a Tennessee municipal ordinance in a car accident, the one-year statute of limitations applied. The limitations period was not extended to two years under Tenn. Code Ann. § 28-3-104(a)(2) because the municipal code violation was not a criminal charge or criminal prosecution. Carey , No.

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Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. In Jones v. Smith & Nephew Inc. , W2021-00426-COA-R3-CV, 2022 WL 767709 (Tenn. Code Ann. §

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Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.

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Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. In Reiss v. Rock Creek Construction, Inc. , internal citation omitted).

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Day on Torts

FEBRUARY 10, 2022

The trial court noted that “the facts regarding [defendant attorney’s] agreement to bifurcate damages were referenced in various motions leading up to the entry of final judgment,” and accordingly dismissed the action based on the statute of limitations. On appeal, dismissal was affirmed.

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Day on Torts

JUNE 28, 2022

Yesterday the Tennessee Supreme Court remanded a Davidson County Chancery Court case to the trial court to determine the amount of fees that should be awarded after a successful motion to dismiss for failure to state a claim upon which relief may be granted. The statute at issue is Tenn. Code Ann. § 20-12-119(c). In Donovan v.

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JURIST

JUNE 3, 2023

Judge Thomas Parker, a judge for the United States District Court for the Western District of Tennessee, Friday ruled that Tennessee’s Adult Entertainment Act (AEA) is unconstitutional. The statute criminalizes performances on public land or in a location in which the performance “could be viewed by a person who is not an adult.”

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Day on Torts

MAY 23, 2023

Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. Personal injury suits are subject to a one-year statute of limitations under Tenn. Code Ann. § Code Ann. § 28-3-104(a)(2). In Glover v. Duckhorn , No.

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Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc.

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Day on Torts

APRIL 16, 2021

Where a car accident plaintiff filed suit against the other driver’s insurance company within the statute of limitations, but failed to add the other driver as a party until two days after the statute of limitations had run, dismissal was affirmed. In Haywood v. Trexis Insurance Corp., W2020-00418-COA-R3-CV (Tenn. citing Tenn.

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Day on Torts

FEBRUARY 8, 2021

Where plaintiff’s personal injury claim was based on a Tennessee car accident for which defendant was given a traffic citation for failure to exercise due care under Tenn. 55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Code Ann. § Code Ann. §

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Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. There are other types of cases that the Court is required to hear.) 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. Code Ann. §

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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). Because the TPPA is a relatively new statute, it has not been interpreted in many opinions.

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JonathanTurley

APRIL 1, 2023

A federal judge has temporarily blocked a new Tennessee law limiting drag shows on constitutional grounds. Federal district judge Thomas Parker granted an injunction on the ground that the Tennessee law is vague and overly broad. However, many of these events are held off school grounds and with the support of their parents.

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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

FEBRUARY 24, 2022

Note: Chapter 25, Section 10 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Day on Torts

APRIL 8, 2024

Tennessee court holds that publicly available information triggered the duty to inquire and claim being barred by the statute of limitations. First Tennessee Bank, N.A. , The Facts In First Community Bank, N.A. E2022-00954-COA-R3-CV (Tenn.

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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.

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Day on Torts

DECEMBER 30, 2020

Where plaintiff knew her husband was killed in a car accident with a firefighter but did not know all the details regarding how the accident occurred, the one-year statute of limitations began to run on the day of the crash and her GTLA suit that was filed more than one year after the accident was untimely. In Durham v.

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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.

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Day on Torts

DECEMBER 28, 2023

The Tennessee Supreme Court has accepted Rule 11 review of Richards v. Plaintiff first filed suit on December 12, 2014, relying on the 120-extension of the statute of limitations provided by Tenn. Vanderbilt University Medical Center , No. M2022-00597-COA-R3-CV, 2023 WL 4451631 (Tenn. July 11, 2023). ” Continue reading

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Day on Torts

JULY 5, 2023

The Tennessee General Assembly has modified Tenn. Section 20-1-119 to make it clear that the plaintiff gets the benefits of the statute even if the fault allegations against a nonparty are made by a uninsured/underinsured motorist insurer. The new legislation, Public Chapter No. 294, states as follows: Section 1.

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Day on Torts

APRIL 15, 2021

Defendant argued that plaintiff’s claim could not stand because it was “premised solely on vicarious liability, but the underlying claims against the alleged agents were barred by the statute of limitations at the time suit was filed against [defendant].” When a statute conflicts with the common law, the statute prevails. ….

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The Crime Report

SEPTEMBER 9, 2022

Meanwhile, Tennessee House Speaker Cameron Sexton said he would support removing or reducing a credit program that helps inmates shave more time off their sentences for good behavior and trying juveniles as adults if they commit violent crimes. reports ABC News.

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Day on Torts

JANUARY 11, 2022

Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.

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Day on Torts

FEBRUARY 27, 2023

City of Shelbyville, Tennessee , No. In response to the complaint, the two non-governmental defendants filed separate motions to dismiss pursuant to Tennessee Rule of Civil Procedure 12.02(6) 6) and the Tennessee Public Participation Act (TPPA), Tennessee’s anti-SLAPP statute. In Flade v.

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Day on Torts

FEBRUARY 11, 2021

Further, where the other defendant was added as a party after the statute of limitations had run, summary judgment for that defendant was also affirmed. Looking first to defendant Varangon, the Court noted that although this was an HCLA case, “Tennessee courts have previously stated that [Tenn. In Waller v. W2019-02211-COA-R3-CV (Tenn.

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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.” In its brief in the Supreme Court, Jack Daniel’s is scorching in its criticism of the 9th Circuit’s reading of federal trademark statutes.

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Day on Torts

AUGUST 18, 2023

Where “application of the operation-of-law exception would bar a vicarious liability claim that is timely filed within the [HCLA’s] extended statute of limitations solely because the statute of limitations had expired for any claims against the principal’s agents, the exception must give way to the [HCLA].”

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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. Hawkins County, TN , No.

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Day on Torts

FEBRUARY 16, 2022

Regarding the claims against Goodall, the trial court had found in part that the claim was barred by the applicable statute of repose found in Tenn. Accordingly, Goodall could only be liable if it “undertook a duty to maintain or warn about a dangerous condition on the sidewalk beyond the four-year statute of repose.” Code Ann. §

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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. , 28-3-105.)

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Day on Torts

APRIL 15, 2022

After all defendants filed motions to dismiss, the trial court entered an order dismissing all claims, finding that all the claims were based on the premise that the adoption process was illegal under Tennessee law, but that it was not. Plaintiff argued that the statute did not apply to Ms. Reid and CRMC. Code Ann. §

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Day on Torts

NOVEMBER 19, 2020

Where a Tennessee HCLA plaintiff sent a HIPAA authorization that failed to allow the defendants to obtain records from each other, the trial court’s finding that plaintiff did not comply with the statutory requirements and that the suit was thus time-barred was affirmed. Klemis , No. W2019-02115-COA-R3-CV (Tenn. internal citation omitted).

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Day on Torts

FEBRUARY 3, 2022

Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Defendant filed a new motion to dismiss, asserting that plaintiffs’ various informed consent claims were barred by either the statute of repose or the statute of limitations. Rule 56.04

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