Day on Torts

DECEMBER 4, 2024

Tennessee does not recognize a common law cause of action for wrongful foreclosure. 14, 2024), the Tennessee Supreme Court held that there is no tort for wrongful foreclosure in Tennessee. The Supreme Court, however, ruled that no such claim exists in Tennessee. Wilmington Trust, N.A. , 3d — (Tenn.

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Day on Torts

OCTOBER 18, 2024

23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass. 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. In Abdou v. Brown , No. 2023-01593-COA-R3-CV (Tenn.

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Day on Torts

JUNE 2, 2022

On June 1 the Tennessee Supreme Court issued an opinion in State v. So, why bring that up in a tort law blog? ” Our “ Status of Cases Pending Before the Tennessee Supreme Court ” book gives you not only a list of the cases pending before the court but also lets you know the status of them.

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Day on Torts

FEBRUARY 10, 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 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. ,

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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. Code Ann. § 8-8-302 and -303.

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Day on Torts

NOVEMBER 20, 2024

Where plaintiff brought a tort action against defendant based on defective products made pursuant to a contract between the parties, dismissal based on the economic loss doctrine was affirmed. In Vidafuel, Inc. Kerry, Inc. , M2024-00041-COA-R3-CV (Tenn. 4, 2024), the plaintiff developed and distributed wellness protein drinks.

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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

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.

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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). In Charles v. McQueen , No. M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. citing Tenn. Code Ann. §

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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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Mondaq

AUGUST 10, 2021

Discussion has re-emerged in Tennessee regarding the economic loss rule, a judicially-created remedy that precludes contracting parties from pursuing tort remedies for purely economic.

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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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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

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

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

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).

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Day on Torts

NOVEMBER 25, 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. This Black Friday sale gives you the opportunity to access John’s books at 50% off the normal price.

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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. This Black Friday sale gives you the opportunity to access John’s books at 50% off the normal price.

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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. This Black Friday sale gives you the opportunity to access John’s books at 50% off the normal price.

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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

AUGUST 13, 2021

The Tennessee Supreme Court has agreed to accept review of a comparative fault issue concerning the tort of negligent misrepresentation.

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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

JANUARY 18, 2024

Tennessee Bar Journal , a publication of the Tennessee Bar Association, has published my latest Day on Torts column. The article discusses a recent opinion of the Tennessee Court of Appeals discussing the proximity element of negligent infliction of emotional claims.

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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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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. 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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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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