The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Dickson 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,…
Day on Torts
Tennessee Rules of Civil Procedure and Evidence 2024-2025 – Courtroom Edition
Who needs to haul the Tennessee Supreme Court rules, the Tennessee Rules of Appellate Procedure, etc. to a trial court? No one. That is why I created a new book that contains only the Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition). It has the rules you need on…
No personal injury case against “statutory employer.”
The Court of Appeals affirmed dismissal of a personal injury case because the defendant qualified as a statutory employer of plaintiff under Tennessee’s workers’ compensation laws. Under the “exclusivity doctrine” in worker’s compensation law, an employee cannot sue his or her employer under tort law. Instead, the exclusive remedy for…
Roane 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 Roane 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,…
Circumstantial evidence of car accident cause not sufficient.
Where plaintiff offered only circumstantial evidence consisting of witnesses’ opinions of what might have caused a car accident, summary judgment for defendants was affirmed. In Wright v. Doe, No. W2023-00084-COA-R3-CV (Tenn. Ct. App. Apr. 17, 2024), plaintiff filed suit against a tow truck driver and the company for which he…
Obtaining Medical Records For Deceased Person in Tennessee
There has been lots of confusion in Tennessee over how to obtain medical records of a deceased person. Some providers require that an estate be opened and a HIPAA-compliant authorization be signed by the personal representative of the estate before they will turn over medical records. This is a ridiculous…
McMinn 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 McMinn 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,…
Substantial compliance standard for pre-suit notice HIPPA authorizations.
Plaintiffs must show substantial compliance, not strict compliance, with HCLA requirement that HIPAA authorization be included with their pre-suit notice. In a memorandum opinion in Moxley v. AMISUB SFH, Inc., No. W2023-00220-COA-R3-CV (Tenn. Ct. App. April 24, 2024), the Court of Appeals vacated dismissal of an HCLA claim because the…
Jefferson 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 Jefferson 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,…
Non-attorney cannot represent siblings in wrongful death case.
Where decedent was survived by two children, and those two children filed a wrongful death claim pro se purporting to assert claims on their own behalf and on behalf of the other four children, the complaint was only proper to the extent the two plaintiffs were asserting their own right…