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

JULY 23, 2021

In his deposition, Mr. Tinnin stated that he bought the car for plaintiff, he intended it to be a wedding present for plaintiff, and that he purchased it for her personal use. The accident occurred on July 11, and Plaintiff and Mr. Tinnin were married on July 12, 2016. On that same day, a title to the Jetta was issued in Mr. Tinnin’s name.

Depositions 59

Depositions Court Contract Court Rules 59

Day on Torts

MARCH 5, 2024

Plaintiff filed a motion requesting more time to conduct discovery pursuant to Tennessee Rule of Civil Procedure 56.07, as well as a motion to amend. The trial court ultimately denied the motion for more time and granted summary judgment to defendant homeowner, but this ruling was vacated on appeal. Continue reading

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Depositions Attorney Court 52

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.

Healthcare 52

Healthcare Depositions Attorney Court 52

Day on Torts

AUGUST 13, 2021

and 68 of the Tennessee Rules of Civil Procedure, seeking $8,346.06. After citing a Tennessee Supreme Court case which stated that Rule 54.04(2) Finally, plaintiff asserted that “court reporter fees should not be awarded under Rule 68 of the Tennessee Rules of Civil Procedure.” Plaintiff raised four issues on appeal.

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Court Reporting Court Reporter Depositions Personal Injury 59

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. In Owings v.

Tort 59

Tort Depositions Court Statute 59

The Crime Report

MARCH 30, 2022

The use of fines and fees to generate revenue for local justice systems constitutes a “predatory” relationship between law enforcement and citizens that violates the due process protections of the Constitution, according to a Tennessee Law Review paper. The Tennessee Law Review paper can be accessed here.

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Court Depositions Laws Finance 98

Day on Torts

JANUARY 26, 2024

14, 2023), claimant was a student in an occupational therapy class at the University of Tennessee Health Science Center. Some of her deposition testimony conflicted slightly with her trial testimony, but she testified that no other classmates reported that they had seen the cord or had an issue with the cord. In Bryant v. State , No.

Construction 52

Construction Depositions 52

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. Note: Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Construction Depositions Statute 59

Day on Torts

MARCH 4, 2022

There was deposition testimony from a police officer stating that it likely would have taken police around nine minutes to respond to a call, but plaintiff failed to cite to that evidence in his response to defendant’s motion for summary judgment. Summary judgment for defendant was therefore affirmed.

Tort 59

Tort Depositions Court Statute 59

Day on Torts

SEPTEMBER 9, 2022

The contract incorporated the terms of the SCES Manual, and looking at those two documents plus the deposition testimony from witnesses, the Court found that trees of a certain size and trees located beyond the 10-foot right of way were to be removed “at the sole discretion of SCES or SCES Project Representative.” Code Ann. §

Contract 52

Contract Tort Court Rules Statute 52

Day on Torts

JULY 27, 2021

The first issue surrounded Nurse Mercer’s deposition. After she reviewed her deposition, she “submitted an errata sheet making 24 changes to her testimony and explaining the reasons for the changes.” Tennessee Rule of Civil Procedure 30.05 There were four issues on appeal. Dr. Seeber and his counsel relied on Lewis v.

Depositions 52

Depositions Healthcare Court Court Rules 52

Day on Torts

NOVEMBER 24, 2020

Gunnerson used the world “speculation” at times in his deposition, but the Court ruled that when the deposition was viewed in its entire context, it was clear that Dr. Gunnerson used the word speculation when discussing whether a noninvasive intervention would have worked for the patient earlier in the day.

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Depositions Court Rules Depose Court 52

Day on Torts

MAY 10, 2022

PI Tennessee, LLC , No. Defendant’s representative] testified in her deposition that, between January 10 and January 31, [defendant] monitored the mobile home park and did not see either [the son] or [the dog] return to Lot 31, nor did [defendant] receive any reports that [the dog] had been on the premises during that time period.

Tort 52

Tort Construction Court Depositions 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

Depositions 59

Depositions Court Court Rules Litigation 59

Day on Torts

AUGUST 11, 2021

Defendant’s first witness, Dr. Stewart, testified during his deposition about the difference between what medical providers bill and what is actually paid. The Court stated that the Tennessee Supreme Court has listed factors to be considered when determining the reliability of scientific testimony. internal citation omitted).

Compensatory Damages 59

Compensatory Damages Depositions Contract Court 59

Day on Torts

JANUARY 29, 2021

The Governmental Tort Liability Act (GTLA) governs suits against governmental entities in Tennessee, removing immunity for governmental entities only in certain situations. The Court of Appeals affirmed the decision to allow use of the deposition, explaining that pursuant to Tenn. The portion of the Act in question here, Tenn.

Tort 59

Tort Depositions Court Sports 59

Day on Torts

MAY 10, 2021

During the deposition of one of defendant’s employees, he testified that defendant had been using the same compound to install headstones for ten years, but that he did not know exactly what that compound was. (internal citation omitted). The Court of Appeals was right to reverse summary judgment here.

Depositions 59

Depositions Court Rules Court Construction 59

Day on Torts

AUGUST 9, 2021

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. In 2012, defendant submitted a form surrendering the annuity, and a check was made payable to plaintiff and defendant. internal citations omitted).

Divorce 59

Divorce Cause of Action Statute Diligence 59

LawSites

MARCH 11, 2024

Arkansas, Idaho, Mississippi, New Mexico and Tennessee all do as well, according to Malamud. “If The act would specify that any edict of government — including those issued by the states and local jurisdictions — are subject to mandatory deposit with the Government Publishing Office.”

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Laws Legal Legal Legal Technology Solution 127

JonathanTurley

OCTOBER 30, 2022

People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. However, at his deposition, the defendant’s son denied throwing the egg which allegedly struck the plaintiff’s daughter.

Tort 37

Tort Litigation Litigating Construction 37

JonathanTurley

OCTOBER 31, 2021

People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. However, at his deposition, the defendant’s son denied throwing the egg which allegedly struck the plaintiff’s daughter.

Tort 39

Tort Litigation Litigating Construction 39

JonathanTurley

OCTOBER 30, 2023

People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. Griffin voluntarily paid money to experience it.” _ In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. The question is whether consent vitiates any extreme frights or contacts.

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Tort Litigation Litigating Construction 49