Remove 2022 Remove Cause of Action Remove Statute Remove Tort
article thumbnail

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. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn.

Statute 59
article thumbnail

No cause of action against employers for take-home COVID

At the Lectern

The court also holds that California’s worker’s compensation statutes don’t bar the action. ” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says. 2022) 601 F.Supp.3d

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.

Day on Torts

M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn. 30, 2022), plaintiff filed a complaint against defendants asserting claims for defamation, invasion of privacy, and intentional interference with business relations. In Adamson v. Grove , No. internal citation omitted). Rule 41.01 internal citation omitted). internal citation omitted).

Tort 59
article thumbnail

Wrong defendants in certificate of good faith caption should have resulted in dismissal.

Day on Torts

E2021-00881-COA-R9-CV, 2022 WL 1117453 (Tenn. 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. In Gilbert v. State , No. This opinion was released three months after oral arguments in this case.

Tort 59
article thumbnail

County not immune from suit where sheriff’s deputy failed to investigate death threats.

Day on Torts

M2020-01448-COA-R3-CV, 2022 WL 1210462 (Tenn. April 25, 2022), plaintiff was shot multiple times by her estranged husband in August 2018. Note: Chapter 41, Sections 5 and 18 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Haynes v. Perry County, Tennessee , No.

Tort 59
article thumbnail

No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.

Day on Torts

E2021-00261-COA-R3-CV, 2022 WL 678568 (Tenn. 8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Bradley , No. internal citation omitted).

article thumbnail

The New Zealand Court of Appeal on the cross-border application of New Zealand consumer and fair trading legislation

Conflict of Laws

The High Court The High Court upheld 3AC’s protest in relation to the CGA and FTA causes of action, on the basis that they fell outside of the territorial scope of the Acts : Body Corporate Number DP 91535 v 3A Composites GmbH [2022] NZHC 985, [2022] NZCCLR 4. 2022] NZLJ 201).