The Tennessee Court of Appeals recently held that a General Sessions plaintiff cannot skip the procedure for filing unserved process to avoid letting the statute of limitations run. Tenn. Code Ann. § 16-15-902 requires a plaintiff in General Sessions court to return process within 60 days of issuance. § 16-15-902 does…
This is yet another Tennessee medical malpractice (health care liability) notice case and the issue is whether strict compliance is required for T.C.A. § 29-26-121 (a)(3) and (4), which requires an affidavit from the party mailing the notice. The underlying procedural facts were not in dispute: plaintiff fully and strictly complied…
Memphis, Tennessee medical malpractice cases always seem to have a more than their fair share of twists and turns. This health care liability case has more twists and turns than the Cherohala Skyway TN 165 / NC143 from Tellico Plains to Robbinsville ( a great road for our motorcycling friends). During…
In Nardone v. Cartwright, et al., No. E2013-00522-COA-R3-CV (Tenn. Ct. App. March 17, 2014), Plaintiff sued his previous employer for slander (spoken defamation) and libel (written defamation). The case arose after Plaintiff quit his job and was told that he would not receive his final paycheck until he turned in…
A defendant’s failure to seek appropriate relief when filing a motion to dismiss deprived the Tennessee Court of Appeals of jurisdiction to hear the dispute. Plaintiff was a family owned limited partnership that held a rare collection of William Eggleston photography. The family partnership contracted with Defendant Christie’s Inc., the…
Health care liability attorneys for defendants want the right to have private meetings with the doctors of patients who sue health care providers. Not just with the doctors who were sued, but also the other doctors who treated the patient over the years. The Tennessee Supreme Court ruled years ago…
A plaintiff’s verdict in a slip-and-fall case against the county school board was recently overturned by the Tennessee Court of Appeals in Traylor v. Shelby County Board of Education, No. W2013-00836-COA-R3-CV (Tenn. Ct. App. Feb. 27, 2014). Plaintiff was a sophomore at Bolton High School in Shelby County when he…
Dr. Rebecca Hierholzer is an emergency room doctor who practices in Missouri (and perhaps Kansas). She reportedly believes that the citizens of Missouri – some of whom she has undoubtedly treated as patients, some of whom she may know socially – are incapable of following the law when called to…
Long story short, Givens v. Vanderbilt Univ. M2013-00226-COA-R3-CV (Tenn. Ct. App. Feb. 27, 2014), is a medical malpractice case that was dismissed without prejudice for failure to give pre-suit notice, since that is the appropriate remedy identified by the Tennessee Supreme Court in Stevens v. Hickman Community Health Care, Inc.,…
You won’t see the "good for the goose, good for the gander" rule articulated as such in many court opinions. But stop by any courtroom in Tennessee on any motion day and you will hear it being argued by someone. It is a fundamental concept that is part of the…