A Tennessee dog bite victim who cannot make a successful claim under the Tennessee Dog Bit Statute may not be precluded from pursuing a common law negligence claim. In Hudson v. Gravette, No. M2022-01787-COA-R3-CV (Tenn. Ct. App. May 8, 2025), the plaintiff was an employee at a dog boarding…
In Tennessee, a claim for invasion of privacy based on intrusion upon seclusion does not abate when the person whose privacy was invaded dies. In Jones v. Life Care Centers of America d/b/a Life Care Center of Tullahoma, No. M2022-00471-SC-R11-CV, — S.W.3d — (Tenn. April 25, 2025), Ms. Jones was…
Where a cheerleader was injured while doing a shoulder sit before a football game, the ruling that there was no negligence because the supervising teacher acted with reasonable care was affirmed. In Wherry v. Obion County Board of Education, No. W2024-00693-COA-R3-CV (Tenn. Ct. App. April 28, 2025), the plaintiff was…
A woman who was left at a bus stop in the cold by a bus driver did not state a claim for intentional infliction of emotional distress. In Williams v. Holt, No. M2024-01188-COA-R3-CV (Tenn. Ct. App. May 1, 2025), the plaintiff was waiting at a bus stop on a November…
Where a HIPAA authorization had blanks beside the names of all the providers listed under who was authorized to make disclosures, but none of the blanks were marked or checked, the HIPAA authorization was not compliant with the HCLA requirements. In Crenshaw v. Methodist Healthcare- Memphis Hospitals, No. W2024-00682-COA-R3-CV (Tenn.…
Statements made that were related to a QIC meeting on a patient’s care were subject to the QIC privilege, but the hospital administrator waived that privilege to the extent he disclosed the privileged information to the patient’s family. In Castillo v. Rex, No. E2022-00322-SC-R11-CV (Tenn. May 9, 2025), the plaintiff…
In a case where a former Tennessee Department of Environment and Conservation Deputy Commissioner claimed defamation based on statements related to a sexual harassment investigation and his subsequent termination, the Court of Appeals ruled that the State’s motion to dismiss should not have been granted, and that the State had…
Where an HCLA plaintiff provided incomplete HIPAA authorizations with his pre-suit notice, the trial court should have granted the defendants’ motion to dismiss. In Elmore v. Mills, No. E2023-01064-COA-R9-CV (Tenn. Ct. App. Mar. 31, 2025), the plaintiff filed an HCLA suit against multiple defendants based on decedent’s death, who aspirated…
Where a premises liability plaintiff had no proof that a bench outside defendant restaurant was dangerous or defective, summary judgment for the defendant was affirmed. In Ellis v. Snookums Steakhouse, LLC, No. W2024-01165-COA-R3-CV (Tenn. Ct. App. Mar. 11, 2025), the plaintiff ate at defendant restaurant before walking outside. When the…
Where the defendant posted false information about a previous plea agreement involving the plaintiff on Facebook, a $75,000 verdict for the plaintiff was affirmed. In Austin v. Plese, No. E2024-00586-COA-R3-CV (Tenn. Ct. App. Mar. 11, 2025), the plaintiff and the defendant were neighbors. During a disagreement, the defendant posted on…