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…
Day on Torts
Alleged fraudulent invoice sent from Florida to Tennessee resulted in personal jurisdiction over tort claim.
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…
No duty to remove ice and snow from steps during an ongoing storm.
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…
Claim barred by legal malpractice statute of limitations
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…
Morristown street sweeper driver found 51 percent at fault for collision.
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…
Dismissal of claim against state affirmed based on failure to file appeal within 90 days.
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…
Mailman’s notation on certified mail was not sufficient for service of process.
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…
Tennessee Products Liability Act did not apply to foreign plaintiffs’ claim.
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…
Golf considered recreational activity under TRUS.
The defendant city was immune from suit under the Tennessee Recreational Use Statute for the plaintiff’s personal injuries incurred while he was playing golf on a city golf course. In Bates v. City of Chattanooga, No. E2024-00857-COA-R3-CV (Tenn. Ct. App. June 4, 2025), the plaintiff fell down steps while playing…
Sanctions against the plaintiffs affirmed in TPPA dismissal.
Where the trial court granted a TPPA motion to dismiss on two grounds, but the plaintiffs addressed only one of the grounds in their appeal, dismissal was affirmed. In Black v. Baldwin, No. M2024-00151-COA-R3-CV (Tenn. Ct. App. June 3, 2025), the defendant’s daughter moved in with the plaintiffs, causing issues…