Day on Torts

There are lots and lots of reasons to be a good dad, not the least of which is to avoid having your son or daughter actively oppose your effort to be a judge by taking out an ad in the local newspaper.

A recent study gives yet another reason of why it is difficult for a plaintiff to win a medical malpractice case in Nashville. MTSU’s Business and Economic Research Center has released a study that states that puts health care industry’s annual economic impact in Nashville at $30 billion. That represents  an…

I have said for years that it is essential that  lawyers trying tort cases must visit the scene of the events to adequately prepare for trial. Now, Winning Trial Advocacy Tips has written a post called "Trial Lawyers at the Scene of the Crime" that does an excellent job of…

This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 14.1     Generally The Case: Anderson v. Armstrong, 171 S.W.2d 401 (Tenn. 1943). The Basic Facts: “The action is one…

I readily and proudly admit to being a plaintiff’s lawyer.   And, I confess, from time to time I have  taken what some would argue as "aggressive" positions on the responsibility of certain defendants to warn others of the risk of harm. However, the most aggressive plaintiff’s lawyer on the…

Public Chapter 787 has changed the law concerning the amount of exemption you receive for personal property if you file bankruptcy.  The old law provided for an exemption of $4000.   The new law increases the exemption to $10,000. If you are a plaintiff’s tort lawyer and you think this change…

The Tennessee General Assembly passed several bills that became law effective July 1, 2010.  One of those is Public Chapter 752.   The legislation revises a deadline for a special definition of governmental entities in governmental tort liability cases against governmental entities in Shelby County.   The legislation was designed to protect The Med…

On June 15, 2010 I reported that SVMIC, the bedpan mutual that insures the vast majority of Tennessee doctors,  reduced its rates by 23.1% .  I also reported that  the company declared a $20,000,000 dividend.  The net effect of the dividend means that policyholders with a history of no paid claims will receive…

Hat tip to Abnormal Use:  The Unreasonably Dangerous Products Liability Blog for advising me about this Utah lawsuit. Apparently, a  woman followed Google Maps walking directions on her Blackberry, walking  across  a four-lane highway where she was struck by an approaching vehicle. She  sued Google; here is a copy of…

Judge Susano and his colleagues on the Eastern Section of the Tennessee Court of Appeals issued an opinion yesterday in Usher v. Charles Blalock & Sons, Inc.   The opinion addresses some important issues of Tennessee law, but is mentioned here because it utlizies photographs scanned into the body of the…