Day on Torts

MAY 23, 2023

Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. 28-3-104(a)(2), but the trial court granted dismissal, and the Court of Appeals affirmed. Code Ann. § Code Ann. § 28-3-104(a)(2).

Personal Injury 52

Personal Injury Statute Cause of Action Court 52

Day on Torts

DECEMBER 20, 2021

Before his death, decedent filed suit for personal injury and loss of consortium in West Virginia. After decedent’s death, plaintiffs filed this suit in Tennessee, attempting to have the remaining settlement proceeds distributed as wrongful death proceeds rather than having them distributed under decedent’s will.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

Day on Torts

APRIL 16, 2021

Where a car accident plaintiff filed suit against the other driver’s insurance company within the statute of limitations, but failed to add the other driver as a party until two days after the statute of limitations had run, dismissal was affirmed. In Haywood v. Trexis Insurance Corp., W2020-00418-COA-R3-CV (Tenn. citing Tenn.

Statute 59

Statute Personal Injury Court Laws 59

Day on Torts

FEBRUARY 8, 2021

Where plaintiff’s personal injury claim was based on a Tennessee car accident for which defendant was given a traffic citation for failure to exercise due care under Tenn. 55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Code Ann. §

Statute 59

Statute Personal Injury Cause of Action Misdemeanor 59

Day on Torts

FEBRUARY 24, 2022

The only issue in this personal injury case was damages. Plaintiff and his experts also testified that plaintiff suffered a traumatic brain injury in the accident. The trial court applied the statutory non-economic damages cap to reduce the award to $1,529,777, which the Court of Appeals affirmed in a lengthy opinion.

Tort 59

Tort Personal Injury Court Court Rules 59

Day on Torts

JANUARY 26, 2021

Where a plaintiff originally named the wrong defendant in a car accident case and did not file an amended complaint naming the correct defendant until after the one-year statute of limitations had run, dismissal was affirmed. The Court of Appeals affirmed dismissal. The purpose of Tennessee Rule of Civil Procedure 15.03

Personal Injury 59

Personal Injury Statute Court Legal 59

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 firm had filed a voluntary dismissal back in 2014.

Calendaring 129

Calendaring Court Lawyer Lawyers 129