Where a GTLA case involves both governmental and non-governmental defendants and a party demands a jury trial, the entire case is to be heard by the jury. In Vandyke v. Cheek, No. M2022-00938-COA-R10-CV (Tenn. Ct. App. May 3, 2023), plaintiff filed suit after a car accident caused in part by…
Information is now available on the number of personal injury and wrongful death trials and jury verdicts in Wilson County, Tennessee (county seat: Lebanon) for the fiscal year ending June 30, 2022. There were 201 personal injury and wrongful death cases closed in Wilson County (not including health care liability…
Information is now available on the number of personal injury and wrongful death trials and jury verdicts in Montgomery County, Tennessee (county seat: Clarksville) for the fiscal year ending June 30, 2022. There were 315 personal injury and wrongful death cases closed in Montgomery County (not including health care liability…
Information is now available on the number of tort trials and jury verdicts in Robertson County, Tennessee (county seat: Springfield) for the fiscal year ending June 30, 2022. There were 82 tort cases closed in Robertson County (not including health care liability act cases) and 0 tort trials. Here is…
In a malicious prosecution case where the underlying case was criminal rather than civil, a plaintiff “can pursue a claim for malicious prosecution only if an objective examination, limited to the documents disposing of the proceeding or the applicable procedural rules, indicates the termination of the underlying criminal proceeding reflects…
Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based…
Information is now available on the number of tort trials and jury verdicts in Sullivan County, Tennessee (county seat: Blountville) for the fiscal year ending June 30, 2022. There were 181 personal injury and wrongful death cases closed in Sullivan County (not including health care liability act cases) and only…
Have you checked out my new blog, “Practical Procedure and Evidence?” The blog concentrates on Tennessee procedure and evidence issues, although occasionally I review out-of-state decisions that I think may be of interest to Tennessee lawyers. Thirty-seven posts have already been published on a variety of topics of interest to…
Where an Tennessee HCLA plaintiff’s HIPAA authorization had an error in the “purpose” section, but the potential defendants only included two physicians who were employed by the third potential defendant health system and plaintiff asserted that the defendant health system was the only potential defendant who possessed any relevant medical…
My newest article, “Gender-Affirming Care Creates Tort Liability,” as published in the Tennessee Bar Journal.