An expert witness in an HCLA case who admittedly did not know any information about the hospital that administered treatment, including what services it offered or its size, and had never spoken to anyone who worked there or been there in person, did not satisfy the locality rule. In Bowen…
Summary judgment for a nuisance claim was affirmed where the plaintiffs failed to provide any evidence beyond their own affirmations that a nuisance existed. In Heatley v. Estate of Gaither, No. M2024-01097-COA-R3-CV (Tenn. Ct. App. May 29, 2025), the plaintiffs and the defendants lived on two plots of land that…
Where a trial court’s ruling that a plaintiff’s rotator cuff injury was not caused by a car accident was not supported by the evidence, the ruling was reversed. In Payne v. Shelby County, Tennessee, No. W2024-00641-COA-R3-CV (Tenn. Ct. App. May 23, 2025), the plaintiff was riding in the front of…
Where an HCLA plaintiff filed unsigned HIPAA authorizations with her complaint, but at least one defendant admitted that the HIPAA authorization it received was actually signed, dismissal was reversed. In Buckner v. Complete Wellness Chiropractic Center, No. E2024-00698-COA-R3-CV (Tenn. Ct. App. May 15, 2025), the plaintiff suffered long-term complications after…
When a trial court’s denial of a TPPA petition for dismissal had been appealed, and the Court of Appeals had remanded the case with instructions for the trial court to enter an order containing sufficient findings of fact and conclusions of law, the plaintiff was not entitled to voluntarily dismiss…
The special duty exception to GTLA immunity did not apply where the police department in question owed a duty to investigate a crime to the public at large, and the plaintiff could not use the reckless misconduct special duty exception because the GTLA does not remove immunity for recklessness. In…
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…