This case is a good illustration of a couple of points: (1) proceeding pro se is in a Tennessee personal injury case is dangerous business, and (2) judges at both the trial court and appellate level can be very patient folks. Plaintiff Jennifer Al-Athari was involved in a motor…
Tennessee has a unique statute that allows a plaintiff to sue a nonparty tortfeasor alleged to have fault in a negligence case after the expiration of the one-year statute of limitations. the statute is triggered if a defendant sued within the original statute of limitations period blames the nonparty and…
The statute of limitations for legal malpractice claims in Tennessee is one year from the date the action accrues. Tenn. Code Ann. § 28-3-104(a)(2). The “discovery rule” determines when the action accrues in most legal malpractice cases. Tennessee’s discovery rule says that a plaintiff’s time limit to file suit does…
Tennessee personal injury and wrongful death lawyers may be interested in my newest book, Compendium of Tennessee Tort Reform Statutes and Related Case Law, 2009-2013 (2nd ed.) The title says it all: the 180+ page book is a collection of Tennessee tort reform statutes and the cases interpreting those statutes.…
Many people are unaware that local governments often have ordinances that can form the basis of a negligence per se case – ordinances that may create a responsibility greater than that imposed by state statues or the common law. Consider this ordinance from Nashville and Davidson County, Tennessee: It is…
For more than a century, Tennessee courts have recognized that a tortfeasor “must accept the person as he finds him” and have allowed injured parties to recover all damages proximately caused by tortfeasors. This means that injured victims of negligence are allowed to recover damages for aggravation of pre-existing…
The Tennessee Bar Association has published the most recent edition of the Tennessee Bar Journal, which includes my latest article "Protecting Yourself From Statutes of Repose." The article discusses the impact of statutes of repose on tort recoveries in cases involving comparative fault and gives tips to lawyers on…
Do you need to file (or oppose) a motion to amend or a motion to intervene in Tennessee state court? If so, start your research with this new case from the Eastern Section of the Tennessee Court of Appeals. The appeal arises from the sale of residential real estate. Plaintiff…
The Rhode Island Supreme Court has held that a 17-year old young man could not rely on the attractive nuisance doctrine to impose liability on the State of Rhode Island. The plaintiff and some friends entered a closed mental health facility that was locked and marked "No Trespass." Along the…
When someone is harmed by another person who dies before a lawsuit is filed, the injured party can still bring a claim for damages based on the wrongdoer’s conduct as long as certain steps are closely followed in Tennessee’s survival statute, Tenn. Code Ann. § 20-5-103. When the wrongdoer…