The South Carolina Supreme Court has ruled that a defendant employer may not avoid a claim for negligent hiring, training, supervision, or entrustment by simply agreeing that it is vicariously liable for the actions of its employee. In James v. Kelly Trucking Company, the Court said that just because a…
The Tennessee Court of Appeals has affirmed an en banc ruling of the Tennessee Claims Commission and ruled that the the State was liable for damages suffered by a college student as a result of being beaten after she left a parking garage on the University of Tennessee campus. To…
It’s over. Rebecca Blair and I have been in trial in Columbia, Tennessee since February 25, 2008. Our client was a eleven year-old boy who lost his 34 year-old mother to hyperkalemia (an excessive level of potassium which causes the heart to stop) a little over three years ago. Ginger…
To those of you who had a medical malpractice judgment or settlement in 2007: Please remember that the 2007 "Counsel for Claimants" reports must be completed and sent to the Tennessee Dept of Commerce and Insurance on or before April 1, 2008. Here is the website where you can download the…
Well, it has been a longer break than I planned. The trial started on February 25 and went to the jury shortly before lunch yesterday, March 11. The jury actually started deliberations at about 12:45 and is returning to the courthouse for further deliberations today at 8:00 a.m. Obviously, it …
This blog started three years ago this week. There have been 1175 posts totaling millions of words made to it. In the process I have learned in a great deal and I sincerely hope that this blog has helped you represent your clients. I am taking a break for a…
The Federation of Defense and Corporate Counsel has a magazine called the FDCC Quarterly. There are some good articles in the publication, and I think many of you would enjoy an article in the Spring 2007 magazine called "Scientific and Other Expert Testimony: Understand It; Keep It Out; Get It…
The Tennessee Court of Appeals (Middle Section) has released an opinion in a products liability case. As I have before, such decisions are few and far between and we can learn from everyone of them. This decision is particularly important because it was authored by Judge (now Justice) Bill Koch. …
Great Trial Lawyers Understand the Importance of Depositions Great trial lawyers understand the value of depositions, and whether the deposition is taken personally or the task is delegated to another, go into a deposition with clearly defined goals determined after adequate preparation. The diminishing number of trials means that many…
We live in a log cabin in the woods in Williamson County. This morning we are blessed with a strong rain – weather that we haven’t seen much of in the last year. Other than frequent sightings of deer and turkeys, one of the joys of living here is the…