Where there was material evidence to support the jury’s verdict of more than $1.5 million in a car accident case, the verdict was affirmed. In Malone v. ASF Intermodal LLC, No. W2020-00430-COA-R3-CV, 2022 WL 353697 (Tenn. Ct. App. Feb. 7, 2022), plaintiff was in a car accident caused by an…
Day on Torts
Summary judgment affirmed where defendant did not place structure creating nuisance on defendant’s easement.
Where the State had an easement on plaintiff’s property for the construction and maintenance of a drainage facility, but plaintiff had no evidence that the faulty concrete structure causing flooding on his property was installed by the State, summary judgment on his nuisance claim was affirmed. In Walker v. State,…
BirdDog Law Adds Free Access to Rules of Criminal Procedure and Criminal Appeals Rules
BirdDog Law, the leading resource center for Tennessee trial lawyers, now has 24/7 free access to the Tennessee Rules of Criminal Procedure and the Criminal Appeals Rules. Click on the links to access the new additions. To see a complete list of our free resources for Tennessee trial lawyers, click…
Premises liability summary judgment affirmed based on lack of constructive notice.
Where premises liability plaintiffs could not show that defendant church, who was renting the property to another church, had constructive notice of a downed power line on the property that had most likely been down for approximately 26 hours, summary judgment was affirmed. In Kelly v. Debre Keranio Medhanialem Ethiopian…
Summary judgment for defendants in premises liability case affirmed
Where a premises liability plaintiff did not provide sufficient proof that a sewer cleanout cap in a sidewalk was a dangerous or defective condition, summary judgment for defendants was affirmed. In Garamella v. City of Lebanon, No. M2021-00262-COA-R3-CV, 2022 WL 202641 (Tenn. Ct. App. Jan. 24, 2022), plaintiff was walking…
Covid-19 Shuts Down Tort and HCLA Trials in Tennessee in 2020-21
Tennessee’s tort and health care liability action trials came near to a screeching half for the fiscal year ending June 30, 2021. There were only 31 jury and 113 nonjury tort trials in twelve months, and only 1 jury and 7 nonjury health care liability cases tried during the same…
Negligence case against insurance agent fails due to statutory presumption.
Because Tenn. Code Ann. § 56-7-135(a) creates a rebuttable presumption that a person who signs an insurance contract “has read, understands, and accepts the contents of such document,” and plaintiff did not rebut that presumption, the trial court properly granted summary judgment to defendants on plaintiff’s claims for negligence and…
Tennessee Legal Malpractice Claim Filed Too Late
The one-year statute of limitations for a legal malpractice claim began to run no later than when a representative for plaintiff reviewed the court file after the trial court had found in the other party’s favor, where the court file contained information sufficient to establish constructive notice of defendant attorney’s…
Intentional misrepresentation and medical battery claims fell within HCLA
Where plaintiff alleged that defendant doctor made intentional misrepresentations when obtaining her consent for a surgery and therefore committed medical battery, the claims fell under the HCLA. In Cooper v. Mandy, No. M2019-01748-SC-R11-CV, 2022 WL 175804 (Tenn. Jan. 20, 2022), plaintiff met with defendant doctor to discuss a breast…
Involuntary dismissal affirmed when video showed that defendant’s car was visible when plaintiff pulled onto roadway.
Where security camera footage showed that plaintiff pulled onto the road when defendant’s approaching vehicle was clearly visible, plaintiff was at least 50% at fault for the resulting car accident, despite the fact that defendant was going at least twenty miles per hour over the speed limit. In Cryer v.…