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Day on Torts

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School’s duty to supervise student affirmed

Where a public school failed to read the information it was provided about a student with a long history of psychological and behavioral problems, and the student jumped from a second story window when left in a classroom unattended by any adult, the finding of negligence under the GTLA against…

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Legal Malpractice Falls Short – No Causation Demonstrated

Where plaintiff filed a legal malpractice claim based on an attorney’s advice regarding a contract to purchase real property, summary judgment for the attorney was affirmed because the contract terminated before the attorney was hired, and the plaintiff therefore could not show causation or proximate cause. In Buhler v. Lefkovitz…

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Legal malpractice claim time-barred.

Plaintiff’s legal malpractice claim against the attorneys who drafted her fiancé’s will accrued when she filed an answer to the will contest brought by the fiancé’s surviving relatives. In LaChappelle v. Tual, No. W2024-01234-COA-R3-CV (Tenn. Ct. App. July 18, 2025), the plaintiff had hired defendant attorneys to draft a will…

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Damages based on fraud not limited by contractual language.

Where the trial court found that the defendants committed fraud, not breach of contract, the damages awarded were not limited by language in the parties’ contract. In Amonett’s Eagle Auction & Realty, LLC v. Norris Bro. Properties, LLC, No. E2024-01931-COA-R3-CV (Tenn. Ct. App. Dec. 17, 2025), the plaintiff was an…

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Plaintiff needed expert testimony to support claim that mold in vehicle caused personal injury

A plaintiff who claimed personal injuries based on mold which grew in her car due to negligent repairs needed expert proof on the issue of causation. In Mullis v. SAI Chattanooga N, LLC, No. E2024-00443-COA-R3-CV (Tenn. Ct. App. Dec. 22, 2025), the plaintiff noticed that her SUV roof was leaking.…

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Tennessee legal malpractice claim required expert proof of standard of care.

The plaintiff could not prove his Tennessee legal malpractice claim without expert proof that the defendant law firm breached the standard of care. In Mamadou v. Gatti, Keltner, Bienvenu & Montesi, P.C., No. CT-3240-23 (Tenn. Ct. App. Dec. 22, 2025) (memorandum opinion), the plaintiff was represented by the defendant law…

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Summary judgment for Kroger store in Tennessee snow and ice case reversed

A low-quality security camera video that failed to show the plaintiff walking anywhere obviously covered with snow, or show that the parking lot was definitively safe, was not enough to support the trial court’s grant of summary judgment or finding of comparative fault by plaintiff in this snow and ice…

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Jury verdict awarding car accident plaintiff only part of medical expenses affirmed

Where a jury awarded a car accident plaintiff damages related to the first portion of her medical treatment only, the award was withing the range of reasonableness and was affirmed. In Adams v. Fields, No. W2025-00311-COA-R3-CV (Tenn. Ct. App. Jan. 13, 2026), the defendant rear-ended the plaintiff on an interstate…

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Tennessee Medical Malpractice Trial Statistics – 2024-2025

The Tennessee Administrative Office of the Courts has released data on HCLA (medical malpractice) cases in Tennessee for the one-year period ending June 30, 2025.  Data for other torts is summarized here. Here are the highlights: There were 324 HCLA cases filed in the year. A total of 384 cases…

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