A complaint against the State of Tennessee has just been dismissed because the plaintiff alleged that a state trooper may have committed negligence but did not affirmatively allege that the trooper was negligent. The Court of Appeals affirmed the dismissal stating that it did not state a cause of action. The…
Judge Keeton, co-author of Prosser and Keeton on Torts, died July 1, 2007 in Cambridge, Massachusetts. Keeton was a professor at Harvard and later became a federal district judge. He was 87.
Investigations following the collapse of the bridge in Minneapolis will tell us how it occurred and whether anyone bears responsibility for the failure. In Tennessee, it would be very difficult for a case to be brought the most obvious potential defendants. Our state and local governments have a damage cap that make…
The Wisconsin Supreme Court has ruled that a plaintiff is entitled to prove the full amount of medical charges, despite the fact that plaintiff’s insurer actually paid a less amount. The lesser amount cannot be used to prove that it is the "reasonable" value of the services. This is how…
This post has nothing to do with torts, except perhaps the tort of outrage. But I read about this op-ed piece in Trial Ad Notes, and thought that at least some of you would enjoy it. John Koppel, who has served at the Department of Justice for over 25 years, doesn’t…
It is not uncommon for plaintiffs in personal injury cases to get into financial problems. Medical bills need to be paid and the injured person’s income is often disrupted and may be nonexistent. But, this opinion makes it clear that the failure to disclose the existence of the pending personal…
Charlie Weis, the head coach of the Notre Dame football team, lost the medical malpractice case he filed in Massachusetts. The lawsuit arose out of gastric bypass surgery Weis had in June of 2002. According to this article posted on www.boston.com, "Weis, 51, who became ill after the operation, alleged…
This decision from a federal judge in Pennsylvania will cause excitement throughout the tort bar: he ruled for a plaintiff who worked to protect assets from a claimed ERISA subrogation interest by having the proceeds of a settlement go from the defendant to a special needs trust. Law.com published this article…
The Tennessee Supreme Court will hear arguments in the following cases that are of interest to tort lawyers in Knoxville on September 6: Konvalinka v. Chattanooga-Hamilton County Hospital Authority – (Swiney, author) (Susano & Lee) – 1. Whether the Court of Appeals erred in holding attorneys John Konvalinka and Jennifer Lawrence in…
Sylvius von Saucken, a partner in the Garretson firm, has written this analysis of the opinion in Murphy v. United States, released by D.C. Court of Appeals on July 3, 2007. The case addresses the taxability of damage awards in cases alleging emotional distress. Here, in bold, is his analysis…