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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

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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Tennessee “Discovery Rule” Applied to Vehicle Crash Case

Day on Torts

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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Six cases on the early-May calendar

At the Lectern

Like all calendars since April 2020 , and for the foreseeable future, May’s arguments will be remote and based in San Francisco. (See Joseph Health System : To what extent, if any, is the initiation and conduct of medical peer review proceedings protected activity under the anti-SLAPP statute? Cable News Network, Inc. ,

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Public Duty Doctrine Applied To Eliminate Claim

Day on Torts

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn. According to plaintiff, there was a bad storm the night of the accident and a tree had fallen across the state highway plaintiff was traveling on.

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Supreme Court will hear recreational immunity and lemon law cases

At the Lectern

Other notable actions included: The court granted the petition for review in Hoffmann v. Young , a case involving the recreational use immunity statute, Civil Code section 846. Oats and transferred the case to the Fourth District, Division One, with directions to reconsider the cause in light of Assembly Bill 1950 (Stats.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

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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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

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. A tort action for intentional infliction of emotional distress is likely to fail. See Pennsylvania General Assembly Statute §7102.

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