Day on Torts

DECEMBER 5, 2022

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. Accordingly, the Court ruled that, pursuant to Tenn. internal citation omitted). internal citations omitted).

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

MAY 18, 2022

Taking the allegations in the complaint as true, the Court found that “a trier of fact could determine that Plaintiffs, in the exercise of reasonable care and diligence, could not have discovered this potential cause of their injury until January 2018 due to Defendants’ attempts to conceal this cause.”

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

FEBRUARY 18, 2021

Where plaintiff knew on October 31, 2017 that her surgeon had wrongly positioned screws during a previous spine surgery, the statute of limitations for her Tennessee HCLA claims against the hospital defendants who allegedly employed the surgeon began to run on that day. Saint Thomas Midtown Hospital , No. M2020-00029-COA-R3-CV (Tenn.

Statute 64

Statute Cause of Action Diligence Court 64

Day on Torts

AUGUST 9, 2021

Defendant implied in his brief that a check could not be considered “tangible personal property,” but the Court quickly pointed out that “conversion of checks is actionable” in Tennessee, as “checks designate specific amounts of money for use for specific purposes.” internal citations omitted). internal citation omitted).

Divorce 59

Divorce Cause of Action Statute Diligence 59

Day on Torts

MARCH 30, 2021

On appeal, the plaintiff first argued that the civil summons naming defendant should have related back to the date of his first filing under Tennessee Rule of Civil Procedure 15.03. The Court ruled that plaintiff’s “failure to strictly follow the final mandatory step of the survival statute” was “fatal” to his case.

Statute 59

Statute Cause of Action Diligence Court Rules 59