JonathanTurley

OCTOBER 30, 2022

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.

Tort 36

Tort Litigating Litigation Construction 36

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.

Tort 59

Tort Statute Diligence Contract 59

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

Tort 59

Tort Construction Statute Court 59

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.

Construction 59

Construction Tort Statute Attorney 59

Day on Torts

OCTOBER 31, 2022

E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. 25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. In Laferney v.

Tort 59

Tort Statute Attorney Litigation 59

Day on Torts

FEBRUARY 3, 2022

W2020-01305-COA-R3-CV, 2022 WL 95167 (Tenn. 10, 2022), plaintiff had been treated by defendant doctor for cancer (defendant’s employer was also a defendant). Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Gibson , No.

Statute 59

Statute Tort Court Diligence 59

Day on Torts

FEBRUARY 10, 2022

M2020-01438-COA-R3-CV, 2022 WL 168145 (Tenn. 19, 2022), plaintiff county filed this legal malpractice suit against defendant attorney who had represented the county in an underlying action filed by a former county employee. In Coffee County v. Spining , No. On appeal, dismissal was affirmed. This opinion was released 2.5

Legal 59

Legal Legal Tort Statute 59

Day on Torts

NOVEMBER 15, 2022

E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. In Reiss v. Rock Creek Construction, Inc. ,

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Day on Torts

NOVEMBER 17, 2022

M2021-01347-COA-R3-CV, 2022 WL 16846642 (Tenn. 10, 2022), plaintiffs and defendants had been involved in extensive litigation related to a boundary line dispute running between their residential properties. Note: Chapter 104, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Statute Court Litigation 59

Conflict of Laws

NOVEMBER 14, 2022

The 2022 edition once again proved the immense value that the Summer Courses offer. Arnaud Nuyts , from the Université Libre de Bruxelles, held a Special Course on ‘The Forum for Cyber-Torts’, which is an excellent topic in today’s day and age. It presented three juridical sources in hierarchy: statute, equity and common law.

Tort 52

Tort Contract Laws Statute 52

Day on Torts

JUNE 20, 2022

Where plaintiffs alleged that “church entities were negligent regarding the sexual abuse of minors” by a clergyman, and the allegations included claims of fraudulent concealment through an investigation that was actually a “whitewash,” dismissal based on the statute of limitations was reversed. W2021-00353-COA-R3-CV, 2022 WL 1837455 (Tenn.

Statute 59

Statute Tort Court Rules Court 59

Day on Torts

JUNE 21, 2022

M2021-00563-COA-R3-CV, 2022 WL 2069160 (Tenn. June 9, 2022), plaintiff and defendant husband were in the process of getting divorced. Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. internal citation omitted). In Meade v. Paducah Nissan, LLC , No.

Tort 59

Tort Divorce Statute Contract 59

Day on Torts

JUNE 13, 2022

M2020-01291-COA-R3-CV, 2022 WL 1788274 (Tenn. June 2, 2022), defendant had previously been married to one of the plaintiffs, and a final decree of divorce had been issued in their divorce case. Note: Chapter 28, Section 11 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Litigating 59

Litigating Litigation Tort Divorce 59

Day on Torts

OCTOBER 18, 2022

E2021-01197-COA-R3-CV, 2022 WL 5295794 (Tenn. 7, 2022), plaintiff went to defendant hospital for treatment for a laceration on his foot. Note: Chapter 41, Section 8 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Howell v.

Tort 59

Tort Statute Court Laws 59

Day on Torts

MAY 13, 2022

M2020-01209-COA-R3-CV, 2022 WL 1220917 (Tenn. April 26, 2022), plaintiff was represented by defendant attorney in an underlying case in which plaintiff asserted several claims, including malicious prosecution. Note: Chapter 64, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Legal 59

Legal Legal Tort Statute 59

Day on Torts

FEBRUARY 22, 2022

M2020-01626-COA-R3-CV, 2022 WL 244108 (Tenn. 27, 2022), plaintiff purchased a piece of property in a distress sale and did not perform an inspection before the purchase. Note: Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Walker v. State , No.

Tort 59

Tort Construction Depositions Statute 59

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.

Tort 52

Tort Statute Court Laws 52

Day on Torts

JULY 26, 2022

M2021-01021-COA-R3-CV, 2022 WL 2718659 (Tenn. July 13, 2022), plaintiffs’ son died and the local police department ruled the death a suicide. This case is an important read for anyone litigating a tort case involving a matter of public concern. In Adreacchio v. Hamilton , No. Summary judgment was therefore affirmed.

Tort 59

Tort Attorney Court Statute 59

Day on Torts

SEPTEMBER 7, 2022

E2021-01330-COA-R3-CV, 2022 WL 3570880 (Tenn. 19, 2022), plaintiff was a passenger while defendant was driving. Note: Chapter 73, Section 6 and Chapter 106, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Owings v. Owings , No.

Tort 59

Tort Depositions Court Statute 59

Day on Torts

DECEMBER 8, 2022

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

Tort Statute Attorney Court 59

Conflict of Laws

SEPTEMBER 1, 2022

The revision of this regulation, which will enter into force on 1 July 2022, provides an opportunity to examine the current and future rules by taking the example of the international service of writs of summons. The refusal to provide information per se is not a tort in the sense of Article 7 No. van Calster: Lex ecologia.

Contract 10

Contract Tort Procedural Law Court 10

Day on Torts

OCTOBER 3, 2022

M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. 28, 2022), plaintiff was a real estate professional involved in some capacity with Durham Farms, which was a large residential community. Because the TPPA is a relatively new statute, it has not been interpreted in many opinions. In Charles v. McQueen , No. The TPPA, Tenn.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

JUNE 15, 2022

E2021-012553-COA-R9-CV, 2022 WL 1788380 (Tenn. June 2, 2022), plaintiff was injured when he crashed his motorcycle after hitting a pothole on a state-owned highway. Note: Chapter 41, Section 21 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Polhamus v. State , No.

Contract 52

Contract Tort Statute Government 52

Day on Torts

SEPTEMBER 14, 2022

M2021-00867-COA-R3-CV, 2022 WL 4112706 (Tenn. 9, 2022), plaintiff was a roofer who was injured while working on a homeowner’s roof. Note: Chapter 89, Section 1 and Chapter 30, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Lynch v.

Tort 59

Tort Construction Court Statute 59

Day on Torts

OCTOBER 31, 2022

E2021-00988-COA-R3-CV, 2022 WL 14162828 (Tenn. 25, 2022), the patient underwent a hysterectomy at a hospital in Kingsport, Tennessee. Note: Chapter 49, Section 8 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Jackson v. Thibault , No.

Tort 59

Tort Depositions Depose Court 59

Day on Torts

MAY 31, 2022

M2021-00314-COA-R3-CV, 2022 WL 1633552 (Tenn. May 24, 2022) , plaintiff suffered antibiotic tendonitis, a traumatic rupture to a tendon in her ankle, and chronic tendonitis after being prescribed medication for a cough that had an adverse reaction with the steroids she had been taking for years. In Breithaupt v.

Tort 59

Tort Statute Court Construction 59

Day on Torts

JUNE 7, 2022

M2021-00653-COA-R3-CV, 2022 WL 1652552 (Tenn. May 25, 2022) (memorandum opinion), plaintiff was an inmate at defendant county’s jail. Note: Chapter 41, Section 7 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Vaughn v. Coffee County, Tennessee , No.

Depositions 59

Depositions Tort Court Construction 59

Day on Torts

FEBRUARY 24, 2022

M2021-00107-COA-R3-CV, 2022 WL 244532 (Tenn. 27, 2022), plaintiff’s father and defendant were neighbors. Day on Torts: Leading Cases in Tennessee Tort Law ? Day on Torts: Leading Cases in Tennessee Tort Law? Compendium of Tennessee Tort Reform Cases ) is available by subscription at? Fuqua , No.

Tort 59

Tort Court Statute Litigation 59

Day on Torts

MAY 11, 2022

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

Tort Statute Cause of Action Court 59

Day on Torts

MARCH 4, 2022

M2020-01507-COA-R3-CV, 2022 WL 420666 (Tenn. 11, 2022), plaintiff was injured in a one-car accident caused by tire debris on the interstate. Note: Chapter 30, Section 1 and Chapter 73, Section 6 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Walker v. McMillin , No.

Tort 59

Tort Depositions Court Statute 59

Day on Torts

FEBRUARY 17, 2022

M2019-02238-COA-R3-CV, 2022 WL 202639 (Tenn. 24, 2022), plaintiffs were the parents of a minor child who was severely injured when he was playing on property owned by defendant church and he came into contact with a downed power line. In Kelly v. Debre Keranio Medhanialem Ethiopian Orthodox Tewahedo Church , No.

Construction 59

Construction Tort Statute Court 59

Day on Torts

JANUARY 15, 2022

The homeowner appealed arguing that, in limiting her recovery to $3,600, the trial court interpreted the statute too narrowly. Because the trial court properly interpreted the statute, we affirm the trial court’s decision. Seven of the civil cases are tort cases. Code Ann. § 20-12-119(c). Appellants’ Briefs Filed: May 5, 2021.

Court 59

Court Tort Statute Lawyer 59

Day on Torts

MAY 3, 2022

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

Tort Cause of Action Court Statute 59

Day on Torts

FEBRUARY 24, 2022

W2020-00430-COA-R3-CV, 2022 WL 353697 (Tenn. 7, 2022), plaintiff was in a car accident caused by an employee of defendant, and defendant had admitted fault. Note: Chapter 25, Section 10 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Malone v.

Tort 59

Tort Personal Injury Court Court Rules 59

Day on Torts

FEBRUARY 8, 2022

M2019-01748-SC-R11-CV, 2022 WL 175804 (Tenn. 20, 2022), plaintiff met with defendant doctor to discuss a breast reduction surgery, and defendant stated that “he was a board-certified plastic surgeon.” In Cooper v. Mandy , No. Click on the link to see the book’s Table of Contents.

Tort 59

Tort Court Statute Laws 59

Day on Torts

OCTOBER 11, 2022

M2021-00877-COA-R3-CV, 2022 WL 4841912 (Tenn. 4, 2022), plaintiff was leaving a church service and walking on sidewalks owned by defendant city when she tripped and fell. The statute at the core of the appeal was Tenn. In Mitchell v. City of Franklin, Tennessee , No. internal citation omitted). Code Ann. §

Construction 52

Construction Tort Statute Court 52

Day on Torts

SEPTEMBER 9, 2022

E2021-01085-COA-R3-CV, 2022 WL 3589838 (Tenn. 23, 2022), several insurance companies filed suit against the City of Sevierville, Sevier County Electric System (SCES), and Wolf Tree, who was SCES’s vegetation management contractor (the cases filed by the insurance companies were consolidated). Sevier County Electric System , No.

Contract 52

Contract Tort Court Rules Statute 52