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Day on Torts

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Delay in Obtaining Expert Results in Dismissal of Case

The Supreme Court of Mississippi has granted summary judgment in favor of a physician when the plaintiff failed to timely respond to discovery seeking information about plaintiff’s expert witnesses and did not timely file an expert affidavit opposing the summary judgment motion. Plaintiff maintained that she was entitled to more…

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Comparative Fault Applies in Nuisance Case

The Eastern Section of the Tennessee Court of Appeals has ruled that comparative fault applies to cases tried under a nuisance theory. According to the opinion, “[t]he Complaint alleged that plaintiffs and defendants own adjoining property and that defendants constructed a private road on their property through an area of…

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