About eight months ago I started another blog, Practical Procedure and Evidence. I blog about issues relating to civil and appellate procedure and evidence that impact civil trial lawyers in Tennessee. Here are some recent posts: When is a Mistrial Appropriate? Motion to Dismiss for Lack of Personal Jurisdiction. Court…
Where a car accident plaintiff responded to a motion for summary judgment by relying on his own deposition testimony and defendant’s interrogatory responses, the Court found that he had created a genuine issue of material fact. In Arnold v. Malchow, No. M2022-00907-COA-R3-CV (Tenn. Ct. App. Aug. 9, 2023), a pro…
Where there were questions of fact regarding how much mud was on a road and whether defendants were the cause of the mud, the Court of Appeal reversed summary judgment for defendant trucking company in a car accident negligence case. In Sullivan v. Carden, No. E2022-01234-COA-R3-CV (Tenn. Ct. App. Sept.…
Where plaintiff signed an informed consent document and failed to present any expert testimony regarding the sufficiency or circumstances of the document, summary judgment for defendant on plaintiff’s informed consent HCLA claim was affirmed. In Jarnagin v. Vanderbilt University Medical Center, No. M2022-01012-COA-R3-CV (Tenn. Ct. App. Aug. 31, 2023), plaintiff…
Where an arbitration agreement had been signed by a decedent’s attorney in fact upon the decedent’s admission into a nursing home, and on a motion to compel arbitration filed by the nursing home the trial court considered evidence on whether the decedent had the mental capacity to execute the power…
Where defendant moved for a directed verdict after the close of plaintiff’s proof but failed to renew the motion at the close of all proof, and did not file a post-trial motion seeking a new trial, defendant waived review of the denial of the motion for directed verdict as well…
After decedent was killed when hit by a vehicle while riding her bicycle, her surviving spouse brought claims against various parties, including a claim against decedent’s insurance provider for negligent misrepresentation and negligent failure to procure insurance. Because these claims were based in tort rather than wrongful death, the Court…
Where plaintiff filed suit against a county based on an alleged sexual assault by a county employee that occurred when minor plaintiff was detained at the county’s juvenile detention center, the trial court’s ruling that the county “retained immunity under the Governmental Tort Liability Act because the claims against…
Where plaintiff filed an action for malicious prosecution and abuse of process based on a criminal theft case, summary judgment for defendant was affirmed. A grand jury indicted plaintiff of the theft charges, which created a rebuttable presumption of probable cause for purposes of the malicious prosecution claim, and plaintiff…
Plaintiffs seeking to introduce medical bills for the purpose of showing damages must present expert proof that that the medical expenses were necessary. In Holzmer v. Estate of Walsh, No. M2022-00616-COA-R3-CV (Tenn. Ct. App. July 28, 2023), plaintiff sought to introduce her medical bills in support of claimed damages related…