Signing an optional arbitration agreement during the process of signing other nursing home admission paperwork is a legal decision, not a healthcare decision, according to the Tennessee Supreme Court. In Williams v. Smyrna Residential , LLC, 685 S.W.3d 718 (Tenn. 2024), Granville Williams, Jr. (“Williams”) executed a durable power of…
Day on Torts
Lawrence County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Lawrence County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…
Monroe County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Monroe County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…
July 1 – Effective Date for New Rules of Procedure and Evidence
July 1, 2024 is the effective date for changes to the Tennessee Rules of Civil Procedure and Evidence. That is why I created a new book that contains the up-to-date Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition). It has the rules you need on motion day or in…
Optional arbitration agreement not a healthcare decision.
A healthcare power of attorney does not give the attorney-in-fact authority to sign an optional arbitration agreement on behalf of a patient. In Hall v. Quality Center for Rehabilitation and Healing, LLC, No. M2022-01028-COA-R3-CV (Tenn. Ct. App. May 9, 2024), plaintiff’s husband died at a hospital after living at defendant…
Gibson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Gibson County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…
Interference with business relationship claim abated on defendant’s death.
Plaintiffs’ claim for tortious interference with a business relationship based on an email written by defendant abated upon defendant’s death. In Stockdale v. Helper, No. M2022-00846-COA-R3-CV (Tenn. Ct. App. May 8, 2024), plaintiffs worked as employees of a police department. After a department investigation, defendant District Attorney wrote an email…
Loudon County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Loudon County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…
TPPA applies to case against attorneys related to previous litigation.
A claim that asserted defendant attorneys acted in their own self-interest when they represented another party in multiple lawsuits against plaintiffs fell within the ambit of the Tennessee Public Protection Act. In Garner v. Thomason, Hendrix, Harvey, Johnson & Mitchell, PLLC, No. W2022-01636-COA-R3-CV (Tenn. Ct. App. Apr. 15, 2024), plaintiffs…
Bench verdict for plaintiff in pedestrian case reversed.
A trial court’s ruling for plaintiff was overturned where plaintiff stepped off a curb between parked cars, not in a crosswalk, and was hit by a truck while attempting to cross the road. In Easley v. City of Memphis, No. W2023-00437-COA-R3-CV (Tenn. Ct. App. May 1, 2024), plaintiff attempted to…