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Where an HCLA plaintiff’s expert refused to testify due to no fault of plaintiff or plaintiff’s counsel, the TennesseeCourt of Appeals ruled that the trial court should have allowed plaintiff to secure a substitute expert. In Blackburn v. McLean , No. M2021-00417-COA-R3-CV, 2022 WL 3225397 (Tenn.
In an HCLA case discovery dispute, the TennesseeCourt of Appeals ruled that plaintiff’s testifying experts’ “notes, drafts, and communications with counsel” were discoverable under the TennesseeRules of Civil Procedure and that plaintiff had waived any claim that the requested items were privileged. In Starnes v.
Where plaintiff real estate professional brought an action for defamation and false light based on an online review written by defendant, defendant moved to dismiss the action pursuant to the Tennessee Public Participation Act (TPPA). In Charles v. McQueen , No. M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. citing Tenn. Code Ann. §
The use of fines and fees to generate revenue for local justice systems constitutes a “predatory” relationship between law enforcement and citizens that violates the due process protections of the Constitution, according to a Tennessee Law Review paper. Supreme CourtRulings. As early as 1927, a Supreme Court cases, Tumey v.
In his deposition, Mr. Tinnin stated that he bought the car for plaintiff, he intended it to be a wedding present for plaintiff, and that he purchased it for her personal use. Mr. Tinnin changed his testimony at trial and stated that he bought the car with the intention of flipping it, but the trial court did not credit this testimony.
Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.
Regarding the first two elements, the trial court found that Dr. Gunnerson had testified that defendant breached the standard of care not by failing to intubate the patient, but by failing “to have a plan to address [the patient’s] condition[.]” The Court of Appeals, however, disagreed with this interpretation.
The contract incorporated the terms of the SCES Manual, and looking at those two documents plus the deposition testimony from witnesses, the Court found that trees of a certain size and trees located beyond the 10-foot right of way were to be removed “at the sole discretion of SCES or SCES Project Representative.”
Plaintiff responded to the motion and attached to her memorandum a “Declaration of Barbara Lundell,” wherein she explained that she was nervous during her initial deposition and had incorrectly identified where the incident took place. While the trial court relied on Rule 56.06
The trial court denied plaintiff’s motion for a new trial, and plaintiff then filed this appeal. The first issue surrounded Nurse Mercer’s deposition. After she reviewed her deposition, she “submitted an errata sheet making 24 changes to her testimony and explaining the reasons for the changes.” There were four issues on appeal.
Defendant moved for summary judgment, and the trial court granted the motion. During the deposition of one of defendant’s employees, he testified that defendant had been using the same compound to install headstones for ten years, but that he did not know exactly what that compound was. internal citation omitted).
The Governmental Tort Liability Act (GTLA) governs suits against governmental entities in Tennessee, removing immunity for governmental entities only in certain situations. The Court of Appeals affirmed the decision to allow use of the deposition, explaining that pursuant to Tenn. The portion of the Act in question here, Tenn.
Defendant signed both his own name and plaintiff’s name on the check, then deposited the proceeds into a joint account he shared with his then wife. In 2012, defendant submitted a form surrendering the annuity, and a check was made payable to plaintiff and defendant. internal citations omitted). internal citation omitted).
The courtruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” particularly those with ravenous monkeys. or houses near him.
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