The Hunter v. Ura decision that I wrote about several days ago also seems to open the door to prejudgment interest in personal injury and wrongful death cases. Several years ago a case called Myint seemed to suggest that prejudgment interest could be awarded in such cases. Then, several court…
Is proof of privity required to file a products liability or other personal injury suit? No – proof of privity was abolished by statute in T.C.A. Sec. 29-34- 104. It is no longer required in any negligence, strict liability, breach of warranty or UCC action.
The Tennessee Supreme Court has released another important tort opinion, Biscan v. Brown. This opinion examined several important questions, including “whether an adult who hosts a party for minors and knows in advance that alcohol will be consumed has or may voluntarily assume a duty of care towards the minor…
Did you know that Tennessee has a specific statute addressing sex abuse claims against therapists? The “Therapist Sexual Misconduct Victims Compensation Act” is set forth in T.C.A. Sec. 29-26-201 et seq. A “therapist” is defined as “any person who performs therapy regardless of whether the person is licensed by the…
Thanks to Evan Shaeffer – a man who has time for two blogs and a law practice – for directing me to this helpful article on how to take photographs of vehicles. You would think it was simple. Not. This article gives some great tips on taking photos that give…
Hunter v. Ura has been decided by the Tennessee Supreme Court. The Court reversed the Tennessee Court of Appeals and reinstated a jury verdict for the plaintiff. The majority opinion is authored by Justice Riley Anderson. Justice Barker, joined by Chief Justice Drowota, dissented on one issue of many raised…
The defendant law firm was found to have negligently prepared a commercial litigation matter for trial. The plaintiff argued that it would have been able to recover punitive damages in the underlying case had it not been dismissed because of the law firm’s negligence and therefore should be able to…
I need to tell you about a fascinating tort opinion I came across recently, one that presents an interesting yet troubling view of the state of the law at the time. The decedent was awaiting trial for rape and murder when he was dragged from his jail cell and hanged.…
I wrote yesterday about the bad day the lawyers at Kirkland & Ellis and the folks at Morgan Stanley were having. Well, it got worse. Matthew McCarrick, the blogger who has the excellent blog I cited yesterday, was kind enough to let me know of a recent development in the…
T.C.A. Sec. 20-9-303 permits a lawyer “to use a blackboard, models or similar devices, also any picture, plat or exhibit introduced in evidence, in connection with his argument to the jury for the purpose of illustrating his contentions with respect to the issues which are to be decided by the…