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Day on Torts

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Non-Disclosure of Witness Results in Reversal of Jury Verdict

Plaintiffs in Indiana had a $39 Million verdict reversed because of the failure to disclose the name of a witness. Plaintiffs were injured in a car wreck with a  driver who was operating his vehicle under the influence of alcohol.  They sued the restaurant where the driver had been drinking alleging…

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Blue Chipper – Policemen and Firemen’s Rule

The Case:  Carson v. Headrick, 900  S.W..2d 685  (Tenn. 1995).  Author:  Justice Riley Anderson. Why it is a Blue Chipper:  Carson is the leading, current case on policemen and firemen’s rule. The bottom line: A.  “The policemen and firemen’s rule precludes firefighters and police officers from recovering damages for injuries…

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2006 Tennessee Med Mal Claims Report Released

The Tennessee Department of Commerce and Insurance has released the "2006 Tennessee Medical Malpractice Claims Report"" which, in fact, is based on 2005 data.  Read the entire report here. Some highlights: *  There were  5 – that’s right – 5 – claims were resolved by judgment for the plaintiff in…

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Trial Judge Slaps Plaintiff – With Sanctions

Judge Young from Blount County, who enjoys a good reputation and whom I have always found to be quite pleasant, has popped a plaintiff with over $1,000,000 in sactions for "scorched earth" litigation tactics. According to Knoxnews.com, Judge Young wrote that "[t]he summary judgment record shows that [plaintiff]O’Boyle did not…

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