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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SCOTUSBlog

JANUARY 20, 2023

Since its creation by Congress during the New Deal, the Tennessee Valley Authority, a quasi-governmental power company that provides electricity to rural areas in seven southeastern states, has wound up before the Supreme Court on a number of occasions – most recently in 2019. A list of all petitions we’re watching is available here.

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Day on Torts

MARCH 3, 2023

Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. Lauderdale County, Tennessee , No. In Anderson v. W2022-00332-COA-R3-CV (Tenn. 21, 2023), plaintiff was pulled over by a sheriff’s deputy employed by defendant county. Dismissal was affirmed on appeal.

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Day on Torts

AUGUST 23, 2024

A dog park located within an apartment complex being used by residents of the complex was considered to fall within the residential exception of the Tennessee dog bite statute, so plaintiff, who was bitten at her apartment complex’s dog park, had to show that the dog’s owner knew or should have known of the dog’s dangerous propensities to establish (..)

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JURIST

MARCH 31, 2021

In September, owners and managers of residential property challenged the moratorium in the Western District of Tennessee on grounds that it violated the Administrative Procedure Act (APA), and the district court struck down the order. Congress extended the moratorium to January 31, 2021, and the CDC further extended it to March 31.

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Day on Torts

OCTOBER 18, 2024

A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred. Defendant filed a motion to dismiss based on the statute of limitations. In Abdou v. Brown , No. 2023-01593-COA-R3-CV (Tenn. This third complaint was filed in September 2023.

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Day on Torts

NOVEMBER 2, 2024

State of Tennessee , No. The State filed a motion to alter or amend, arguing that the Recreational Use Statute provided immunity here. Where plaintiff was injured by a dangerous condition on state property created by the gross negligence of a state employee, the Claims Commission Act did not provide a cause of action. In Gordon v.

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Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. In Jones v. Smith & Nephew Inc. , W2021-00426-COA-R3-CV, 2022 WL 767709 (Tenn. Code Ann. §

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Day on Torts

MAY 4, 2021

My newest column it Tennessee Bar Journal: Traffic Citations: Their Impact on Statutes of Limitations in Personal Injury and Wrongful Death Cases.”

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Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc.

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Day on Torts

FEBRUARY 10, 2022

The trial court noted that “the facts regarding [defendant attorney’s] agreement to bifurcate damages were referenced in various motions leading up to the entry of final judgment,” and accordingly dismissed the action based on the statute of limitations. On appeal, dismissal was affirmed.

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Day on Torts

OCTOBER 31, 2022

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. The TPPA is Tennessee’s anti-SLAPP statute, which stands for “strategic lawsuits against public participation.” In Laferney v.

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Day on Torts

JUNE 14, 2024

There has been lots of confusion in Tennessee over how to obtain medical records of a deceased person. The Tennessee General Assembly came up with a fix. A new statute, embodied in Public Chapter 739, amends TCA Section 68-11-304 by deleting subdivision (a)(1) and substituting the following: Continue reading

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Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.

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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.

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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. § Code Ann. §

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Day on Torts

JUNE 28, 2022

Yesterday the Tennessee Supreme Court remanded a Davidson County Chancery Court case to the trial court to determine the amount of fees that should be awarded after a successful motion to dismiss for failure to state a claim upon which relief may be granted. The statute at issue is Tenn. Code Ann. § 20-12-119(c). In Donovan v.

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Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. In Reiss v. Rock Creek Construction, Inc. , internal citation omitted).

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Day on Torts

DECEMBER 30, 2020

Where plaintiff knew her husband was killed in a car accident with a firefighter but did not know all the details regarding how the accident occurred, the one-year statute of limitations began to run on the day of the crash and her GTLA suit that was filed more than one year after the accident was untimely. In Durham v.

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Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. There are other types of cases that the Court is required to hear.) Given the case selection criteria in discretionary review matters and the types of appeal-as-of-right cases, each opinion is highly likely to materially impact Tennessee law. Code Ann. §

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Day on Torts

JANUARY 27, 2025

In a Tennessee health care liability (HCLA)d case based on the defendants failure to disclose CT scan results to the plaintiffs, the plaintiffs could not rely on fraudulent concealment to toll the statute of repose where the defendants were unaware of the undisclosed test results. The plaintiff patient in Estate of Rowe v.

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JonathanTurley

APRIL 1, 2023

A federal judge has temporarily blocked a new Tennessee law limiting drag shows on constitutional grounds. Federal district judge Thomas Parker granted an injunction on the ground that the Tennessee law is vague and overly broad. However, many of these events are held off school grounds and with the support of their parents.

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Day on Torts

FEBRUARY 24, 2022

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

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). Because the TPPA is a relatively new statute, it has not been interpreted in many opinions.

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The Crime Report

SEPTEMBER 9, 2022

Meanwhile, Tennessee House Speaker Cameron Sexton said he would support removing or reducing a credit program that helps inmates shave more time off their sentences for good behavior and trying juveniles as adults if they commit violent crimes. reports ABC News.

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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.

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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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JURIST

SEPTEMBER 29, 2023

A man was shot Thursday in Espanola, New Mexico during a protest over the reinstallation of a statute of the conquistador Juan de Onate , who massacred and enslaved the Acoma Indigenous people in 1599. The removal of controversial statues across the US has been challenged legally with mixed results in Texas , Tennessee and Louisiana.

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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.” In its brief in the Supreme Court, Jack Daniel’s is scorching in its criticism of the 9th Circuit’s reading of federal trademark statutes.

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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. Personal injury suits are subject to a one-year statute of limitations under Tenn. Code Ann. § Code Ann. § 28-3-104(a)(2). In Glover v. Duckhorn , No.

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Day on Torts

DECEMBER 22, 2023

Where defendant received a citation for violating a Tennessee municipal ordinance in a car accident, the one-year statute of limitations applied. The limitations period was not extended to two years under Tenn. Code Ann. § 28-3-104(a)(2) because the municipal code violation was not a criminal charge or criminal prosecution. Carey , No.

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Day on Torts

FEBRUARY 11, 2021

Further, where the other defendant was added as a party after the statute of limitations had run, summary judgment for that defendant was also affirmed. Looking first to defendant Varangon, the Court noted that although this was an HCLA case, “Tennessee courts have previously stated that [Tenn. In Waller v. W2019-02211-COA-R3-CV (Tenn.

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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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SCOTUSBlog

JUNE 3, 2024

The statute defines “crime of violence” as one that “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” After considering the case at two consecutive conferences, the justices turned down Granier’s petition without comment.

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Day on Torts

APRIL 15, 2021

Defendant argued that plaintiff’s claim could not stand because it was “premised solely on vicarious liability, but the underlying claims against the alleged agents were barred by the statute of limitations at the time suit was filed against [defendant].” When a statute conflicts with the common law, the statute prevails. ….

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SCOTUSBlog

JUNE 10, 2021

Borden argued that the enhancement did not apply because one of the three prior offenses that the government relied on was a conviction under Tennessee law for reckless aggravated assault. Charles Borden Jr. pleaded guilty to a felon-in-possession charge, and the government sought the sentencing enhancement under ACCA.

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Day on Torts

JANUARY 11, 2022

Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.

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