Close

Day on Torts

Updated:

Dismissal affirmed where plaintiff died days before complaint was filed in her name.

Where plaintiff died a few days before the complaint in her HCLA suit was filed, and the complaint was filed with her named as plaintiff, the complaint was a nullity that could not be corrected by amendment and dismissal of the case was affirmed. In Owen v. Grinspun, No. M2021-00681-COA-R3-CV…

Updated:

Dismissal affirmed where HCLA pre-suit notice was sent to wrong entity.

Where an HCLA plaintiff sent pre-suit notice addressed to the wrong entity, summary judgment for defendant was affirmed, even though defendant was informed of the pending suit by the incorrect entity and was not prejudiced. In Breithaupt v. Vanderbilt University Medical Center, No. M2021-00314-COA-R3-CV, 2022 WL 1633552 (Tenn. Ct. App.…

Updated:

Chancery court lacked subject matter jurisdiction over defamation tort claims.

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. In Lowery v. Redmond, No. W2021-00611-COA-R3-CV (Tenn. Ct. App. May 23, 2022), plaintiff filed a petition…

Updated:

Cases Pending Before the Tennessee Supreme Court – Updated

The Tennessee Supreme Court decided the “Home Rule” case yesterday, with three of five justices finding that the Tennessee Education Savings Account Pilot Program was not unconstitutional.  Click here to find links to the majority and concurring/dissenting opinions. The Court has accepted review of 27 other cases, 15 of them…

Updated:

Dismissal partially reversed based on fraudulent concealment.

Where plaintiffs averred that defendant home builders affirmatively told plaintiffs that the utility penetrations in the crawl space of the newly built home purchased by plaintiffs in August 2017 had been sealed with foam, and plaintiffs did not learn until January 2018 after an inspection by a mold remediation company…

Updated:

Expert Needed for Legal Malpractice Case to Survive

  Where plaintiff submitted no expert proof to support his legal malpractice claim, summary judgment for defendant was affirmed. In Guo v. Rogers, No. M2020-01209-COA-R3-CV, 2022 WL 1220917 (Tenn. Ct. App. April 26, 2022), plaintiff was represented by defendant attorney in an underlying case in which plaintiff asserted several claims,…

Updated:

Calculating Post-Judgment Interest on Tennessee Judgments

When calculating post-judgment interest, the statutory rate in effect when the judgment is entered applies for the entire time period between entry of the judgment and its payment. In Coffey v. Coffey, No. E2021-00433-COA-R3-CV, 2022 WL 1085039 (Tenn. Ct. App. April 11, 2022), plaintiff had won a large judgment against…

Updated:

Wrong defendants in certificate of good faith caption should have resulted in dismissal.

Where an HCLA certificate of good faith filed with the Claims Commission named the wrong defendants, dismissal should have been granted. In Gilbert v. State, No. E2021-00881-COA-R9-CV, 2022 WL 1117453 (Tenn. Ct. App. April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as…

Updated:

Landlord not liable for tenant’s pit bull biting guest after landlord ordered the dog removed and issued tenant an eviction notice.

Where a landlord had told a tenant to immediately remove a pit bull who had bitten someone, had no notice that the pit bull had returned, and had given the tenant 30-day notice of eviction after the first biting incident, the landlord did not breach any duty owed to the…

Updated:

Revenge Porn

My newest article, ” A New Arrow in the Quiver to Fight Revenge Porn,” has been published in the May/June edition of Tennessee Bar Journal. An  excerpt: Now, a new federal law effective October 1, 2022, expands the rights of revenge porn victims and certain others by creating a federal cause…

Contact Us