Day on Torts
MARCH 3, 2023
Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. Lauderdale County, Tennessee , No. In Anderson v. W2022-00332-COA-R3-CV (Tenn. 21, 2023), plaintiff was pulled over by a sheriff’s deputy employed by defendant county.
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.
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Day on Torts
NOVEMBER 4, 2021
First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.” In Victory v. State , No. M2020-01610-COA-R3-CV (Tenn.
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.
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. §
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.
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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