Day on Torts

OCTOBER 24, 2022

Where defendant physician was employed by a state university and received no personal gain from the clinical services she rendered at a hospital, and plaintiff had brought an HCLA action based on these hospital clinical services, summary judgment pursuant to defendant’s absolute immunity under the Tennessee Claims Commission Act was affirmed.

Tort 45

Tort Contract Court Statute 45

Day on Torts

FEBRUARY 18, 2021

HCLA statute of limitations for claim against doctor and hospital began to run on same date. Defendants moved to dismiss the case based on the statute of limitations, arguing that the one-year limitations period for this HCLA claim began to run on October 31, 2017 when plaintiff learned that the screws had been inserted incorrectly.

Statute 64

Statute Cause of Action Diligence Court 64

SCOTUSBlog

MARCH 20, 2023

7 Tennessee Sour Mash Whiskey” manufactured by “Jack Daniel’s,” the toy refers to a “Bad Spaniel” that makes “Old No. 2 on your Tennessee carpet.” Court of Appeals for the 9th Circuit reversed on both counts. Jack Daniel’s offers a similar argument on the dilution statute. VIP’s perspective on dilution is much the same.

Statute 106

Statute Manufacturing Court Decisions Court 106

SCOTUSBlog

JUNE 10, 2021

Share A fractured Supreme Court on Thursday narrowed the scope of a key phrase in the Armed Career Criminal Act, ruling that crimes involving recklessness do not count as “violent felonies” for the purpose of triggering a key sentencing enhancement. The Supreme Court reversed that decision on Thursday. Charles Borden Jr.

Felony 125

Felony Court Statute Government 125

Day on Torts

FEBRUARY 16, 2022

Defendants Goodall and the City both filed motions for summary judgment, which the trial court granted, and the Court of Appeals affirmed. Regarding the claims against Goodall, the trial court had found in part that the claim was barred by the applicable statute of repose found in Tenn. internal citation omitted).

Tort 59

Tort Construction Statute Court 59

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.

Tort 59

Tort Cause of Action Statute Court 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. In Simpkins v. John Maher Builders, Inc. ,

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. On appeal, this ruling was reversed. Code Ann. §

Construction 59

Construction Tort Statute Attorney 59

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.

Tort 59

Tort Statute Attorney Court 59

Day on Torts

SEPTEMBER 9, 2022

The trial court eventually granted the motion for summary judgment, agreeing that defendant owed no duty here, and the Court of Appeals affirmed. The Court began its negligence analysis by considering whether defendant owed a duty under the contract. Code Ann. §

Contract 52

Contract Tort Court Rules Statute 52

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. §

Tort 59

Tort Statute Cause of Action Court 59

Day on Torts

OCTOBER 31, 2022

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.

Tort 59

Tort Depositions Depose Court 59

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn. Code Ann. § Code Ann. §

Statute 59

Statute Cause of Action Court Rules Diligence 59

Day on Torts

MAY 31, 2022

When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. The trial court agreed, ultimately dismissing the complaint with prejudice, and the Court of Appeals affirmed. defense it is answer, by failing to file a Rule 12.02

Tort 59

Tort Statute Court Construction 59

Day on Torts

MARCH 11, 2022

The trial court ultimately ruled that the brother was incompetent and lacked capacity to sign the power of attorney for health care, that the power of attorney for health care was therefore invalid, and that the arbitration agreement was accordingly unenforceable. In Welch v. National Health Corp. , 3d 876 (Tenn. Code Ann. §

Attorney 59

Attorney Statute Healthcare Court 59

Day on Torts

DECEMBER 5, 2022

Plaintiff responded by arguing that defendant had waived this argument and that there was material evidence to support the verdict, and the Court of Appeals agreed on both points. 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

FEBRUARY 7, 2022

City of Algood, Tennessee , No. At the close of plaintiff’s proof, defendant moved for involuntary dismissal of plaintiff’s claims pursuant to Tennessee Rule of Civil Procedure 41.02(2), 2), which the trial court granted. In Cryer v. M2020-01063-COA-R3-CV, 2022 WL 150854 (Tenn. Ervin , 438 S.W.2d 2d 733 (Tenn. 20, 2015)).

Tort 52

Tort Court Statute Laws 52

Day on Torts

SEPTEMBER 14, 2022

After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.

Tort 59

Tort Construction Court Statute 59

Day on Torts

APRIL 25, 2022

Plaintiff argued that the arbitration agreement was not enforceable because the POA did not mention the authority to make health care decisions, and the trial court agreed, denying the motion to compel arbitration. On appeal, this ruling was affirmed. The Court looked to a 2017 Tennessee Supreme Court Case, Beard v.

Attorney 59

Attorney Healthcare Court Rules Court 59

Day on Torts

FEBRUARY 8, 2022

The trial court denied the motion to dismiss, holding that “Plaintiffs’ claims for medical battery and intentional misrepresentation were based on false statements the Defendants made to [plaintiff] before they established a doctor-patient relationship,” and the Court of Appeals affirmed this “temporal analysis” on interlocutory appeal.

Tort 59

Tort Court Statute Laws 59

Day on Torts

MAY 3, 2022

Perry County, Tennessee , No. The County filed a motion to dismiss based on the GTLA discretionary function exception and/or the public duty doctrine, which the trial court granted, but the Court of Appeals reversed. The Court reasoned: We conclude that the acts alleged in the complaint are operational. In Haynes v.

Tort 59

Tort Cause of Action Court Statute 59

Day on Torts

MARCH 28, 2022

The trial court agreed that defendant had affirmatively negated the elements of duty and notice and therefore granted summary judgment, which the Court of Appeals affirmed. The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03

Tort 45

Tort Construction Court Rules Court 45

Day on Torts

APRIL 7, 2021

Defendant doctors and defendant hospital filed motions to dismiss, alleging that the medical authorizations sent with plaintiff’s pre-suit notice were not HIPAA compliant, and that plaintiff was therefore not entitled to the 120-day extension of the statute of limitations under Tenn. Code Ann. § 29-26-121(c), making his suit untimely.

Statute 59

Statute Court Court Rules 59

Day on Torts

APRIL 22, 2021

Defendant filed a motion to dismiss on two grounds, the statute of limitations and “failure to plead facts to state a claim as required by Tenn. The trial court granted dismissal on both grounds, and because plaintiff failed to address the Rule 8.01 argument in her appeal, dismissal was affirmed.

Statute 59

Statute Court Rules Legal Legal 59

Day on Torts

FEBRUARY 14, 2022

. § 56-7-135(a) creates a rebuttable presumption that a person who signs an insurance contract “has read, understands, and accepts the contents of such document,” and plaintiff did not rebut that presumption, the trial court properly granted summary judgment to defendants on plaintiff’s claims for negligence and negligent misrepresentation.

Contract 59

Contract Statute Court Legal 59

Day on Torts

JANUARY 25, 2021

The Tennessee Supreme Court recently held that product liability defendants “cannot be held liable for injuries resulting from products they did not make, distribute, or sell.” In Coffman v. Armstrong International, Inc., E2017-01985-SC-R11-CV (Tenn. 4, 2021), plaintiff was the wife of a deceased employee of a chemical plant.

Manufacturing 59

Manufacturing Court Statute Laws 59

Day on Torts

AUGUST 12, 2021

Where defendant doctor was an employee of a governmental entity and plaintiffs failed to name the employer in their HCLA suit, dismissal under the Tennessee GTLA was affirmed. The trial court granted summary judgment to defendant based on the GTLA, and the Court of Appeals affirmed. In Braylon W. Walker , No. Code Ann. §

Tort 59

Tort Court Statute Contract 59

JonathanTurley

APRIL 21, 2021

The videotape does appear to satisfy the standard for the use of lethal force under Tennessee v. ” That language is derived from Tennessee v. The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against such fleeing suspects. Garner and other case law. Garner , 471 U.S.

Felony 44

Felony Statute Court Rules Court 44

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. These rulings were affirmed on appeal. In Pomeroy v. McGinnis , No.

Divorce 59

Divorce Cause of Action Statute Diligence 59

Day on Torts

APRIL 6, 2022

Defendant was never served with this amended complaint, but the trial court entered a final judgment awarding plaintiff $3 million in total damages in August 2017. In May 2020, defendant filed a Rule 60.02(3) The trial court ultimately granted defendant’s motion and found that the judgment was void, which the Court of Appeals affirmed.

Compensatory Damages 59

Compensatory Damages Punitive Damages Court Rules Court 59

Day on Torts

APRIL 29, 2021

Defendants moved to dismiss, arguing that the HCLA required plaintiff to send a pre-suit notice before this second suit was filed, and the trial court agreed, dismissing the case. This conclusion is most aligned with Tennessee law and public policy. On appeal, dismissal was affirmed. Code Ann. § Internal citations omitted).

Tort 59

Tort Cause of Action Statute Court 59

Day on Torts

JANUARY 11, 2021

Dyer County Tennessee , No. The trial court granted the motion to dismiss, relying in part on the Public Duty Doctrine, and the Court of Appeals affirmed. The Court of Appeals first analyzed whether a special relationship was created by the deputy’s actions. In Kimble v. W2019-02042-COA-R3-CV (Tenn.

Cause of Action 59

Cause of Action Tort Court Statute 59

Day on Torts

MAY 28, 2021

While the complaint did refer to the mother’s medical treatment, asserting that she was admitted to the ICU rather than labor and delivery and that she “had a known history of diabetes and of a prior hospitalization for diabetic ketoacidosis,” the Court did not accept defendant’s argument that the mother was the relevant patient.

Statute 45

Statute Court Court Rules Government 45

Day on Torts

AUGUST 19, 2021

Defendant filed a motion to dismiss, which the trial court granted and the Court of Appeals affirmed. The Court pointed out that the motion in Martin was a motion for summary judgment, which is why the Court therein cited Rule 56, but that the Martin opinion held that “a Rule 12.02(6)

Court 52

Court Healthcare Statute Court Rules 52

Attorney at Work

MAY 31, 2022

Managing an increasing volume of cases and court deadlines– sometimes in multiple jurisdictions – is one of the biggest time management challenges for law firms. . A Tennessee lawyer was suspended and put on probation after failing to file a personal injury case. The statute of limitations ran out due to his forgetting the deadline.

Calendaring 131

Calendaring Court Lawyer Lawyers 131

Day on Torts

SEPTEMBER 1, 2021

This ruling was affirmed by the Court of Appeals. The Tennessee Claims Commission Rules also refer to the “time limit set out in T.C.A. § Plaintiff advanced several arguments in support of this theory, but the Court of Appeals rejected each one. Code Ann. § 9-8-402(c).” internal citation omitted).

Statute 52

Statute Personal Injury Court Construction 52

SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v. In Carson v.

Compensatory Damages 140

Compensatory Damages Court Education Court Rules 140