Where a patient signed a consent form for a double mastectomy after being told about multiple options for treating her breast cancer, summary judgment on her HCLA claim against the surgeon based on surgical overtreatment and lack of informed consent was affirmed. In Oakes v. Fox, No. E2024-00453-COA-R3-CV (Tenn. Ct.…
Where a town asserted that an individual member of an LLC had promised that the LLC would pay a certain amount towards a road improvement project, but that the LLC never intended to pay that amount, the town had stated a cause of action for promissory fraud against the individual.…
An HCLA pre-suit notice that was sent to two former employees of a rehabilitation center, rather than to the appropriate address or agent for the rehabilitation center, was not sufficient under the statute. In Anderson v. Alexian Village of Tennessee, No. E2024-00977-COA-R3-CV (Tenn. Ct. App. July 31, 2025), the plaintiff…
Where a Florida general contractor allegedly used a fraudulent invoice to defraud a Tennessee company, the Court of Appeals ruled that Tennessee could exercise personal jurisdiction over the general contractor for the plaintiffs’ tort claims. In Hannah Development, LLC v. Maverick General Contractors, LLC, No. M2024-01592-COA-R3-CV (Tenn. Ct. App. July…
A restaurant did not have a duty to clear ice and snow from its steps while a winter storm was ongoing. In Broyles v. Herrin, No. M2024-00592-COA-R3-CV (Tenn. Ct. App. July 24, 2025), the plaintiff visited defendant restaurant during a winter storm. Snow and ice had been falling for approximately…
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…
Where an 87-year-old driver ran into a street sweeper, the Court of Appeals affirmed the finding that the street sweeper driver was 51 percent at fault. In Hurst v. City of Morristown, No. E2024-00779-COA-R3-CV (Tenn. Ct. App. July 8, 2025), the plaintiff brought this suit under the Governmental Tort Liability…
After receiving a denial of claim for his claim against the State from the Division of Claims and Risk Management, the plaintiff had ninety days to file his notice of appeal, not mail his notice of appeal. In Ferguson v. State of Tennessee, No. W2024-00831-COA-R3-CV (Tenn. Ct. App. July…
A mailman’s notation on a certified letter sent by the Secretary of State did not constitute proper service of process in a car accident case. In Lowe v. Harvey, No. E2024-01588-COA-R3-CV (Tenn. Ct. App. June 27, 2025), the plaintiff and defendant were in a car accident, and the defendant lived…
The Tennessee Products Liability Act (“TPLA”) does not apply extraterritorially, and therefore dismissal of a case where the plaintiffs’ injuries occurred in the Dominican Republic was affirmed. In Renel v. Drexel Chemical Company, No. W2023-01693-COA-R3-CV (Tenn. Ct. App. June 6, 2025), the plaintiffs worked in the sugar cane industry. The…