Day on Torts

OCTOBER 3, 2022

Where plaintiff real estate professional brought an action for defamation and false light based on an online review written by defendant, defendant moved to dismiss the action pursuant to the Tennessee Public Participation Act (TPPA). In Charles v. McQueen , No. M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. 20-17-101 et seq., quoting Tenn.

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Day on Torts

NOVEMBER 4, 2021

First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.” In Victory v. State , No. M2020-01610-COA-R3-CV (Tenn.

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Day on Torts

JUNE 17, 2022

Readers know that we have launched BirdDog Law , a website for Tennessee lawyers and paralegals that (a) hosts three of my books and makes them available by subscription on a monthly or annual basis; and (b) provides a large number of free resources to help lawyers more efficiently serve their clients.

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Day on Torts

JANUARY 25, 2022

Where plaintiff wife failed to give written notice of her loss of consortium claim against the State of Tennessee to the Division of Claims and Risk Management, dismissal of her claim was affirmed, despite the fact that her complaint was filed with the Claims Commission within the statute of limitations. In Kampmeyer v. State , No.

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Day on Torts

MAY 19, 2022

The Tennessee Supreme Court decided the “Home Rule” case yesterday, with three of five justices finding that the Tennessee Education Savings Account Pilot Program was not unconstitutional. Seven of the civil cases involve tort issues, and civil procedure issues are present in two other cases.

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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.

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Day on Torts

NOVEMBER 25, 2022

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Day on Torts

NOVEMBER 21, 2022

Get access to the leading Tennessee books on the law of torts and the law of civil trial at a savings of 50%. BirdDog Law, the creation of John Day, is the go-to resource for Tennessee judges, lawyers and paralegals. Subscriptions available annually (best value – two free months) or monthly.

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Day on Torts

NOVEMBER 11, 2022

Get access to the leading Tennessee books on the law of torts and the law of civil trial at a savings of 50%. BirdDog Law, the creation of John Day, is the go-to resource for Tennessee judges, lawyers and paralegals. Subscriptions available annually (best value – two free months) or monthly.

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Day on Torts

SEPTEMBER 22, 2021

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant.

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Day on Torts

APRIL 19, 2023

BirdDog Law is a website that provide access to legal information that Tennessee lawyers and paralegals need to better serve their clients. It is filled with free resources that will save you time and money. Interested in knowing the fax number for the Circuit Court Clerk in Henry County?

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Day on Torts

JUNE 21, 2022

The Court pointed out that there is no Tennessee caselaw supporting the argument that “a lease or bailment was sufficient to meet the final element of conversion…,” but that caselaw instead “confirms that, in the typical case, the true owner of a property subject to a bailment is the bailor, not the bailee.” internal citation omitted).

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Day on Torts

JANUARY 11, 2022

Note: Chapter 64, Section 5 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Day on Torts

NOVEMBER 17, 2022

To be liable for civil trespass in Tennessee, the alleged tortfeasor does not have to intend to enter the property of another; he or she can commit trespass while believing the property is his or her own and only needs to intentionally be on the land. In Barrios v. Simpkins , No. M2021-01347-COA-R3-CV, 2022 WL 16846642 (Tenn.

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Day on Torts

MARCH 24, 2022

In an amended complaint, plaintiff asserted that the statute of repose found in the Tennessee Products Liability Act (TPLA) would not bar her action because “the injuries suffered by [plaintiff] often take considerably longer than ten years to manifest themselves, in a fashion similar to injuries from exposure to asbestos.”

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Day on Torts

JUNE 13, 2022

The Court noted that the “issue of whether [defendant’s] statements were relevant or pertinent to the declaratory judgment action is a question of law, as is the ultimate question of whether the absolute litigation privilege applies.” internal citation omitted). Click on the link to see the book’s Table of Contents.

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Day on Torts

OCTOBER 18, 2022

Note: Chapter 41, Section 8 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Day on Torts

FEBRUARY 22, 2022

Note: Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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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.

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Day on Torts

FEBRUARY 16, 2022

Plaintiff attempted to use evidence of “Goodall’s discussions concerning the cap” to invoke this exception, but the Court found that such evidence was inadmissible under Tennessee Rule of Civil Procedure 407, and that plaintiff thus failed to present sufficient evidence that such a duty was undertaken by Goodall.

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Day on Torts

MAY 18, 2022

The tort claims in this case were subject to the three-year statute of limitations applicable to injuries to real property, and the Court of Appeals agreed that this limitations period would not be tolled by the discovery rule under the facts here. Click on the link to see the book’s Table of Contents.

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Day on Torts

JUNE 7, 2022

Coffee County, Tennessee , No. There was no dispute that this case fell within the parameters of the GTLA, which generally codifies premises liability common law. Note: Chapter 41, Section 7 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Vaughn v.

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Day on Torts

FEBRUARY 24, 2022

While there were no Tennessee cases directly on point, the Court of Appeals explained that this case “share[d] similarities with cases involving a landlord who leases property to a tenant who maintains a vicious dog on the property.” Day on Torts: Leading Cases in Tennessee Tort Law ? Tennessee Law of Civil Trial

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Day on Torts

SEPTEMBER 14, 2022

A premises liability plaintiff must prove the elements of the tort, but must also “first prove that a dangerous or defective condition existed on the owner’s property” and must show that the defendant either created the dangerous condition or had actual or constructive notice of the condition. Summary judgment for DSS was affirmed on appeal.

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Day on Torts

MARCH 4, 2022

The trial court found that there was no evidence that defendant calling law enforcement would have changed the outcome; that there was no evidence regarding negligent failure to maintain the tire because there was no evidence of what caused the tire to fail; and that defendant did not have a duty to remove the tire debris from the road.

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Day on Torts

JUNE 15, 2022

Here, the State argued “that it owed no duty to Plaintiff because it delegated responsibility for maintaining the relevant portions of [the highways] to the City of Kingsport under Tennessee Code Annotated §§ 54-5-201 and -203.” The Court rejected this argument. Click on the link to see the book’s Table of Contents.

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Day on Torts

FEBRUARY 17, 2022

Note: Chapter 89, Sections 4 and 10 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Day on Torts

DECEMBER 5, 2022

While defendant urged the Court to “follow the modern trend taken in federal courts, which no longer requires renewal of a motion for directed verdict at the close of all the proof,” the Court declined to change long-standing Tennessee law. internal citation omitted). internal citations omitted).

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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. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Day on Torts

AUGUST 10, 2022

After looking at the statute and Tennessee caselaw, the Court concluded that attending the concert fell within the recreational use statute, explaining: We have no difficulty holding that attending a concert is both a recreational activity by its very nature and one that is comparable to the activities expressly enumerated in section 70-7-102.

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Day on Torts

FEBRUARY 8, 2022

Note: Chapter 40, Section 1; Chapter 42, Section 2; Chapter 46, Section 2; and Chapter 47, Sections 1 and 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Click on the link to see the book’s Table of Contents.

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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. This case reaffirmed what seems to be settled law in HCLA cases—that pre-suit notice sent to the wrong defendant will not satisfy the requirements of the HCLA.

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JonathanTurley

AUGUST 28, 2021

A very disturbing case of alleged police brutality just got far worse after defense counsel for Jim Jones, 62, alleged in open court that a prosecutor with the District Attorney for Lawrence County, Tennessee told a deputy sheriff to delete pictures of the beaten Jones. Under Tennessee bar rules (and those of other states): RULE 3.4:

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Day on Torts

JANUARY 31, 2023

Note: Chapter 25, Section 10 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Day on Torts

FEBRUARY 3, 2022

of the Tennessee Rules of Civil Procedure requires a trial court to “state the legal grounds upon which the court denies or grants the motion, and to include such statement in the order reflecting the trial court’s ruling.” Because the trial court did not give sufficient reasons for its decision, summary judgment was vacated on appeal.

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Day on Torts

DECEMBER 8, 2022

More than two weeks after the order of dismissal was entered, defendants filed a “combined motion to alter or amend and petition to dismiss with prejudice pursuant to the Tennessee Public Participation Act” (TPPA). voluntary dismissals in Tennessee. internal citation omitted). Click on the link to see the book’s Table of Contents.

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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), BirdDog Law also provides Tennessee lawyers with free access to user-friendly versions of the Tennessee rules of evidence and procedure.

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