Cause of Action Court Court Rules Tennessee 
Day on Torts
AUGUST 2, 2021
The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. If this section is fulfilled and immunity is removed, courts considering a GTLA suit “proceed to another step in their analysis,” considering the public duty doctrine. In Lawson v.
Day on Torts
FEBRUARY 2, 2023
City of Clarksville, Tennessee , No. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal. Based on this language, the trial court ruled that immunity was not removed, but the Court of Appeals disagreed with this analysis. In Robinson v.
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Day on Torts
FEBRUARY 8, 2021
Where plaintiff’s personal injury claim was based on a Tennessee car accident for which defendant was given a traffic citation for failure to exercise due care under Tenn. 55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Code Ann. § Code Ann. §
Day on Torts
MAY 11, 2022
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. On appeal, that ruling was reversed. The Court of Appeals began by looking at Tenn. Code Ann. § Without proper identification of Dr.
Day on Torts
DECEMBER 8, 2022
Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. These rulings were reversed and vacated on appeal.
Day on Torts
MAY 3, 2022
Perry County, Tennessee , No. After the shooting, plaintiff filed this suit against defendant Perry County claiming that “the deputy sheriff’s failure to investigate the death threats and arrest [husband] was the proximate cause of her injuries.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.
Day on Torts
MARCH 30, 2021
Plaintiff filed a civil action in general sessions court against the driver on March 3, 2017, but the driver had died on December 7, 2016. Plaintiff filed a “re-issued” civil summons in the sessions court on January 31, 2018, which was served on the defendant as the personal representative.
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