Where defendant physician was employed by a state university and received no personal gain from the clinical services she rendered at a hospital, and plaintiff had brought an HCLA action based on these hospital clinical services, summary judgment pursuant to defendant’s absolute immunity under the Tennessee Claims Commission Act was…
BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals. Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county. Each database is set up in the same format for ease…
Where plaintiff filed an HCLA case against a hospital that was a governmental entity, but only alleged negligence by doctors who were not employees of the hospital, summary judgment under the GTLA was affirmed. In Howell v. Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System, No. E2021-01197-COA-R3-CV, 2022 WL 5295794…
BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals. Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county. Each database is set up in the same format for ease…
Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. In Mitchell v. City of Franklin, Tennessee, No. M2021-00877-COA-R3-CV, 2022 WL 4841912 (Tenn. Ct. App. Oct.…
Where plaintiff real estate professional brought an action for defamation and false light based on an online review written by defendant, defendant moved to dismiss the action pursuant to the Tennessee Public Participation Act (TPPA). In Charles v. McQueen, No. M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. Ct. App. Sept. 28, 2022),…
Where plaintiff alleged that defendant attorneys ignored settlement offers and rejected offers on illogical bases in a previous class action case, dismissal of plaintiff’s legal malpractice claim was reversed. In Hawthorne v. Morgan & Morgan Nashville, PLLC, No. W2021-01011-COA-R3-CV, 2022 WL 4298184 (Tenn. Ct. App. Sept. 19, 2022), plaintiff…
Where the jury apparently credited plaintiff’s expert and found that defendant engineering firm was liable for professional negligence related to a large park and marina project, the jury verdict for defendant was affirmed. In TMS Contracting, LLC v. SmithGroup JJR, Inc., No. M2020-01028-COA-R3-CV, 2022 WL 4112415 (Tenn. Ct. App. Sept.…
Where a roofer was injured when he fell from a homeowner’s roof and bounced over the nearby scaffolding, but the homeowner had rented the scaffolding himself and chosen to erect it himself rather than paying the scaffolding company to install it, summary judgment for the scaffolding company on both the…
Where the HIPAA authorizations sent with plaintiff’s HCLA pre-suit notice were noncompliant, and plaintiff’s attorney claimed that the noncompliance was due to a set of extremely stressful work and family circumstances but his affidavit did not explain how the noncompliant error was made or how the circumstances caused the error,…