2022 Lawyers Statute Tort 
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. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn.
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. W2021-00426-COA-R3-CV, 2022 WL 767709 (Tenn. In Jones v. Smith & Nephew Inc. , 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. E2021-00189-COA-R3-CV, 2022 WL 3092906 (Tenn. In Costner v. internal citation and quotations omitted).
ClimateChange-ClimateLaw
MAY 8, 2024
Lawyers, bar associations, and law societies have an important but not fully recognized role to play in achieving the net zero goal in the Paris Agreement. Climate Change as an Increasingly Common Feature of Law Practice Climate change is no longer an issue of concern only to environmental and energy lawyers. John Kerry, then U.S.
Day on Torts
MAY 18, 2022
M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. May 4, 2022), plaintiffs filed this pro se action that revolved around a newly built home they bought in August 2017 that had allegedly developed severe mold issues. In Simpkins v. John Maher Builders, Inc. , Code Ann. § 28-3-105.) On appeal, dismissal was partially reversed.
Day on Torts
AUGUST 2, 2022
E2021-01156-COA-R3-CV, 2022 WL 2866006 (Tenn. July 21, 2022), plaintiffs were the adult daughters of decedent and defendant was the widow of decedent. Conversion is subject to a three-year statute of limitations. Lewis , No. During the later years of decedent’s life, he suffered from Alzheimer’s and his competency was disputed.
Day on Torts
FEBRUARY 16, 2022
M2021-00262-COA-R3-CV, 2022 WL 202641 (Tenn. 24, 2022), plaintiff was walking on a sidewalk in a residential neighborhood when she tripped and fell over a sewer cleanout cap that protruded from the middle of the sidewalk. In Garamella v. City of Lebanon , No. Code Ann. § This opinion was released 1.5
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