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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Statute Tort Construction Court 59

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).

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

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. §

Court 59

Court Tort Statute Lawyer 59

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.

Cause of Action 64

Cause of Action Statute Tort Court 64

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.

Tort 59

Tort Personal Injury Court Rules Court 59

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.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. Pursuant to the language of the statute, the trial court had held that plaintiffs’ claims could not proceed because they were based on allegations of reckless conduct. In Lawson v. Hawkins County, TN , No.

Tort 59

Tort Cause of Action Statute Court 59

Day on Torts

MAY 24, 2022

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. In Lowery v. Redmond , No. W2021-00611-COA-R3-CV (Tenn. internal citation omitted).

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Tort Court Compensatory Damages Punitive Damages 59

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.

Tort 52

Tort Statute Court Laws 52

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.

Prima Facie Case 59

Prima Facie Case Legal Legal Tort 59

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.” Defendant filed a motion to dismiss based on a lack of subject matter jurisdiction under Tennessee Rule of Civil Procedure 12.02(1).

Tort 59

Tort Contract Court Administrative Law 59

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.

Tort 45

Tort Contract Court Statute 45

Day on Torts

FEBRUARY 16, 2022

Regarding the claims against Goodall, the trial court had found in part that the claim was barred by the applicable statute of repose found in Tenn. Accordingly, Goodall could only be liable if it “undertook a duty to maintain or warn about a dangerous condition on the sidewalk beyond the four-year statute of repose.” Code Ann. §

Tort 59

Tort Construction Statute Court 59

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. John Maher Builders, Inc. , 28-3-105.)

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

DECEMBER 20, 2021

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. Note: Chapter 108, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. Conversion is subject to a three-year statute of limitations. Code Ann. §

Construction 59

Construction Tort Statute Attorney 59

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).

Tort 59

Tort Divorce Statute Contract 59

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.

Tort 59

Tort Statute Court Litigation 59

Day on Torts

FEBRUARY 3, 2022

Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Defendant filed a new motion to dismiss, asserting that plaintiffs’ various informed consent claims were barred by either the statute of repose or the statute of limitations. Rule 56.04

Statute 59

Statute Tort Court Diligence 59

Day on Torts

JULY 26, 2022

On appeal, plaintiffs attempted to rely on Tennessee’s Post-Mortem Examination Act to support their argument that the distribution of the autopsy photos was not protected speech under the U.S. and Tennessee Constitutions. This case is an important read for anyone litigating a tort case involving a matter of public concern.

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Tort Attorney Court Statute 59

Day on Torts

JUNE 13, 2022

Note: Chapter 28, Section 11 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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Litigating Litigation Tort Divorce 59

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.

Tort 59

Tort Statute Court Laws 59

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.

Tort 59

Tort Construction Depositions Statute 59

Day on Torts

OCTOBER 31, 2022

25, 2022), the patient underwent a hysterectomy at a hospital in Kingsport, Tennessee. An HCLA expert witness must be licensed to practice in Tennessee or a contiguous bordering state “during the year preceding the date the alleged injury…occurred.” In Jackson v. Thibault , No. E2021-00988-COA-R3-CV, 2022 WL 14162828 (Tenn.

Tort 59

Tort Depositions Depose Court 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

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). internal citation omitted). Rule 41.01

Tort 59

Tort Statute Attorney Court 59

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.

Contract 52

Contract Tort Statute Government 52

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. Note: Chapter 46, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Gilbert v. State , No.

Tort 59

Tort Statute Cause of Action Court 59

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. Note: Chapter 45, Sections 3, 9 and 12 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Statute Court Construction 59

Day on Torts

JUNE 7, 2022

Coffee County, Tennessee , No. Note: Chapter 41, Section 7 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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Depositions Tort Court Construction 59

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 ?

Tort 59

Tort Court Statute Litigation 59

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.

Tort 59

Tort Construction Court Statute 59

Day on Torts

MARCH 4, 2022

The biggest takeaway here is the Court’s ruling that defendant did not have a duty to remove the tire debris from the interstate, as this is the first Tennessee case to address this issue. Note: Chapter 30, Section 1 and Chapter 73, Section 6 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Depositions Court Statute 59

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.

Construction 59

Construction Tort Statute Court 59

JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. A tort action for intentional infliction of emotional distress is likely to fail. See Pennsylvania General Assembly Statute §7102.

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Tort Litigating Litigation Construction 50

JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

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Tort Litigating Litigation Construction 48

Day on Torts

MAY 3, 2022

Perry County, Tennessee , No. The Tennessee Supreme Court “has adopted a planning-operational test to determine whether a decision is discretionary within the meaning of the GTLA,” explaining that “planning or policy-making decisions are immune from liability” while “operational decisions do not enjoy the same protection.”

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Tort Cause of Action Court Statute 59