A defendant is permitted to argue that the light from the setting sun hindered his vision and that he was not negligent in failing to see (and then striking) plaintiff’s car. The Kansas Supreme Court rejected the argument of the plaintiff that the defendant was negligent as a matter of…
It doesn’t necessarily represent the standard of care. It is the place to begin, not end, your medical research. But it is a great place to start. Merck Manual
Tennessee Rule of Civil Procedure 4.01(3) provides as follows: If a plaintiff or counsel for plaintiff (including third-party plaintiffs) intentionally causes delay of prompt issuance of a summons or prompt service of a summons, filing of the complaint (or third-party complaint) is ineffective. I don’t know what "prompt" means. Is…
A trial judge in New Jersey has ruled that a plaintiff may insist that her discovery deposition be videotaped over the objection of the defense. The judge ruled that "defense counsel’s objection is devoid of any specificity to constitute good cause. The Court does not wish to make light of…
Nursing homes continue to attempt to avoid trial by jury by requiring residents to sign arbitration ageements. And the Tennessee courts continue to insist that if nursing homes are going to do so they must follow the law. Here are two decisions that refuse to enforce arbitration provisions in nursing…
Day on Torts: A Handbook for Tennessee Tort Lawyers 2009 is almost ready to go to press. The 2009 edition will include reference to all of the Tennessee appellate cases on tort law released in the last year, add over 20 new statutes of interest to tort lawyers, and update rules…
The Tennessee Supreme Court has released the opinion in Eskin v. Bartee and expanded the scope of recovery for negligent infliction of emotional distress. The bottom line: "we have determined that it is appropriate and fair to permit recovery of damages for the negligent infliction of emotional distress by plaintiffs who…
Many of you know that former Tennessee Supreme Court Justice Penny White, former Tennessee Court of Criminal Appeals Judge Joe Riley and I have a seminar company called "Justice Programs." We offer a 15 hour CLE program each Fall that permits attendees to meet all mandatory CLE obligations for the…
Tennessee permits a plaintiff to rely on the res ipsa loquitor doctrine in medical negligence cases when appropriate under the facts. For the most recent Tennessee case on the issue see Flowers v. H.C.A. Health Care Services of Tennessee, Inc., 2006 WL 627183 ((Tenn. Ct. App. Mar. 14, 2006). But…
The age old question: should I try it or accept the offer the defense has made? This article in the New York Times reports on an article that will appear in the September edition of the Journal of Empiral Legal Studies on the subject on settling cases. The article will…