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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

Here, the issue was whether the pre-suit notice letter was sent by plaintiff “more than one year after the cause of action accrued and the one-year statute of limitations period began to run.”. Note: Chapter 50, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tennessee Supreme Court Agrees to Review Comparative Fault Issue in Negligent Misrepresentation Case

Day on Torts

The Tennessee Supreme Court has agreed to accept review of a comparative fault issue concerning the tort of negligent misrepresentation. The case is Pryority Partnership v. AMT Properties, LLC , No. 2020-00511-SC-R11-CV. Here is a copy of the court of appeals opinion in the case , decided on March 10, 2021. Continue reading.

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Claims of Recklessness and Gross Negligence May Proceed Under Tennessee Governmental Tort Liability Act

Day on Torts

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. One of those three exceptions arises when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct.” In Lawson v. Hawkins County, TN , No. E2020-01529-COA-R3-CV (Tenn.

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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.

Day on Torts

After decedent’s death, plaintiffs filed this suit in Tennessee, attempting to have the remaining settlement proceeds distributed as wrongful death proceeds rather than having them distributed under decedent’s will. Note: Chapter 108, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tennessee “Discovery Rule” Applied to Vehicle Crash Case

Day on Torts

One year and 21 days after the accident, the plaintiff filed this case under Tennessee’s Governmental Tort Liability Act against the county that employed the firefighter, the fire department, and the estate of the firefighter, who was also killed in the accident. Defendants moved to dismiss based on the statute of limitations.

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Intentional interference with business relationships under the GTLA.

Day on Torts

City of Clarksville, Tennessee , No. This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal. In Robinson v.

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

Day on Torts

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. Note: Chapter 46, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Gilbert v. State , No.

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