Where the trial court found in a bench trial that plaintiff was 20% at fault for a motor vehicle accident and the bus driver was 80% at fault, that ruling was affirmed based on the testimony of the witnesses and findings of fact of the trial judge. In Cook v.…
Where plaintiff created issues of genuine material fact regarding the potential liability of various defendants in the death of his minor son, who was killed while drinking and driving, summary judgment for most defendants was reversed. Further, the Court of Appeals found that the question of whether the decedent was…
The Tennessee Supreme Court has agreed to accept review of a comparative fault issue concerning the tort of negligent misrepresentation. The issue: Whether the affirmative defense of comparative fault is applicable to a negligent misrepresentation cause of action in which the conduct of the plaintiff constituting the basis for that…
Where one defendant in an HCLA case was not the owner or operator of the facility at which plaintiff alleged he received negligent medical treatment, and that defendant did not employee, train or control the employees who allegedly provided negligent care, summary judgment for that defendant was affirmed. Further, where…
Where plaintiff and defendant gave differing versions of a car accident, the photographs of the vehicles could be interpreted to support defendant’s version of events, and the jury appeared to credit defendant by finding plaintiff 60% at fault, the Court of Appeals affirmed the jury’s verdict and the trial…
Where the defendant in an HCLA case did not plead comparative fault, but during his testimony at trial stated that the reason he failed to take certain actions was because the nurses never notified him of the patient’s chest pain, the trial court did not abuse its discretion in ruling…
When an HCLA plaintiff was awarded a verdict for her health care liability claims and her husband was awarded damages for loss of consortium, the trial court correctly considered the plaintiffs separately for the purpose of applying the statutory cap on noneconomic damages. FIRST PUBLISHED IN JUNE 2020. SEE UPDATE…
Where plaintiff presented a statement of undisputed material facts that called into question the check cashing policies of defendant, but that statement of facts was ignored by the trial court in granting summary judgment for defendant, summary judgment was reversed. In Great American Insurance Company v. Pilot Travel Centers, LLC,…
Where a plaintiff was running in the dark with no wearable light and was hit by a car while crossing the road, the Court of Appeals affirmed a jury verdict finding plaintiff 80% at fault. In Golden v. Powers, No. E2019-00712-COA-R3-CV (Tenn. Ct. App. Feb. 12, 2020), plaintiff and her…
Where a man being arrested was shot and killed after he went out of his home and raised a gun towards a police officer, the Court of Appeals affirmed dismissal of a GTLA tort suit, finding that the police department was immune from suit and that the suit was barred…