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. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. Code Ann. § 28-3-105.) internal citation omitted).

Tort 59

Tort Statute Diligence Contract 59

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.

Statute 59

Statute Cause of Action Court Rules Diligence 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. The Court of Appeals agreed with defendants.

Statute 64

Statute Cause of Action Diligence Court 64

Day on Torts

AUGUST 9, 2021

The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial. internal citation and quotation omitted). internal citations omitted).

Divorce 59

Divorce Cause of Action Statute Diligence 59