Day on Torts

SEPTEMBER 7, 2022

Where defendant driver stated that the accident that injured plaintiff passenger was due to her swerving to avoid a wild animal that unexpectedly entered the roadway, and plaintiff “presented no evidence of negligence on the part of the defendant,” summary judgment for defendant was affirmed by the Tennessee Court of Appeals.

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Tort Depositions Court Statute 59

Day on Torts

JUNE 21, 2023

In a recent HCLA case, the Tennessee Supreme Court held that “a defendant healthcare provider cannot be compelled to provide expert opinion testimony about another defendant provider’s standard of care or deviation from that standard.” In Borngne ex rel. Chattanooga-Hamilton County Hospital Authority , — S.W.3d 3d —, No.

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Day on Torts

FEBRUARY 22, 2022

In support of its motion, the State pointed to deposition testimony that the structure in question was “funky,” was not something the State would have used at any point, and was available to consumers. Based on the evidence presented, the trial court granted summary judgment to the State, and the Court of Appeals affirmed.

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Tort Construction Depositions Statute 59

Day on Torts

MARCH 4, 2022

After hearings and additional briefings, the trial court granted summary judgment to defendants on all claims. In light of the dangers of entering an active interstate to remove debris, the trial court found that defendant did not have a duty to remove the tire remnants from the roadway, and the Court of Appeals agreed.

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Tort Depositions Court Statute 59

Day on Torts

MARCH 5, 2024

Where defendant in a negligence and premises liability case filed a motion for summary judgment just three days after filing her answer, and the trial court denied plaintiff’s motion for additional time to conduct discovery and granted summary judgment to defendant, that ruling was vacated on appeal. In Graves v. Calloway , No.

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Depositions Attorney Court 52

Day on Torts

JULY 27, 2021

Where defendant doctor was the supervising physician for defendant nurse midwife, the Court of Appeals ruled that he could be compelled to testify regarding his “expert opinion about the care and treatment provided by” the nurse. The trial court denied plaintiff’s motion for a new trial, and plaintiff then filed this appeal.

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Depositions Healthcare Court Court Rules 52

Day on Torts

DECEMBER 17, 2020

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 While the trial court relied on Rule 56.06

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Depositions Court Court Rules Litigation 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. §

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Contract Tort Court Rules Statute 52

Day on Torts

JANUARY 29, 2021

After a bench trial, the trial court awarded plaintiff $200,000 in damages, which included approximately $64,000 in medical expenses. The Governmental Tort Liability Act (GTLA) governs suits against governmental entities in Tennessee, removing immunity for governmental entities only in certain situations. Code Ann. §

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Tort Depositions Court Sports 59

Day on Torts

AUGUST 11, 2021

The trial court did not allow the testimony, finding that “Dr. The Court of Appeals affirmed this ruling. Defendant’s first witness, Dr. Stewart, testified during his deposition about the difference between what medical providers bill and what is actually paid. Stewart and Mr. Chapman. internal citation omitted).

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Compensatory Damages Depositions Contract Court 59

Day on Torts

MAY 10, 2022

PI Tennessee, LLC , No. Defendant filed a motion for summary judgment, asserting that plaintiff failed to show that defendant breached any duty owed to plaintiff, and the trial court agreed, granting summary judgment to defendant. When considering this case, the Court looked at two different time frames. In Harrill v.

Tort 52

Tort Construction Depositions Court 52

LawSites

MARCH 11, 2024

Yet when Malamud and his organization Public.Resource.Org , sought to publish the official statutes of the state of Georgia, the state sued him , accusing him in its court filing of engaging in “terrorism.” Arkansas, Idaho, Mississippi, New Mexico and Tennessee all do as well, according to Malamud. “If Public.Resource.Org, Inc.

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Laws Legal Legal Legal Technology Solution 127

Day on Torts

MAY 10, 2021

Defendant moved for summary judgment, and the trial court granted the motion. The Court began by noting that a party opposing summary judgment must show “the existence of specific facts in the record which could lead a rational trier of fact to find in favor of the nonmoving party.” (internal citation omitted).

Depositions 59

Depositions Court Rules Court Construction 59

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. 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.

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Divorce Cause of Action Statute Diligence 59

Day on Torts

AUGUST 22, 2022

Where an HCLA plaintiff’s expert refused to testify due to no fault of plaintiff or plaintiff’s counsel, the Tennessee Court of Appeals ruled that the trial court should have allowed plaintiff to secure a substitute expert. Sobel, but the trial court denied the motion. In Blackburn v. McLean , No.

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Court Court Rules Depositions Manufacturing 105

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.

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Tort Depositions Depose Court 59

Day on Torts

NOVEMBER 24, 2020

Plaintiff responded with an affidavit from Dr. Gunnerson, but the trial court granted summary judgment, ruling that plaintiff “failed to meet his burden to show, at the summary judgment stage, that [defendant’s] failure to intubate or failure to put in place a plan for [the patient’s] treatment caused her death.”

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Depositions Court Rules Depose Court 52

JonathanTurley

OCTOBER 31, 2021

Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. in the Superior Court of California, County of San Diego, alleged negligence and assault. Again, the court agreed.

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Tort Litigating Litigation Construction 47

JonathanTurley

OCTOBER 30, 2022

Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. in the Superior Court of California, County of San Diego, alleged negligence and assault. Again, the court agreed.

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Tort Litigating Litigation Construction 45

Day on Torts

JANUARY 3, 2025

Plaintiff construction company should not have been allowed to file a deposition transcript related to its argument against dismissal under the TPPA after the TPPA hearing had concluded. After substantial delays and a hearing, the trial court denied the petition to dismiss, ruling only that Defendants [had] not met their burden.

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Construction Depositions Contract Court 52

JonathanTurley

OCTOBER 30, 2023

On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. Louis, a Missouri court was faced with a claim from Carly Munoz who in 2019 sent to Six Flags’ Fright Fest with her cousin. Again, the court agreed. In another June 2023 decision in Munoz v.

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Tort Litigating Litigation Construction 57