When an HCLA plaintiff was awarded a verdict for her health care liability claims and her husband was awarded damages for loss of consortium, the trial court correctly considered the plaintiffs separately for the purpose of applying the statutory cap on noneconomic damages. FIRST PUBLISHED IN JUNE 2020. SEE UPDATE…
Where a daughter signed admission paperwork for her mother upon the mother’s admission to a nursing home, but the mother was mentally competent and did not give the daughter authority to sign the paperwork, an arbitration agreement included in the paperwork was unenforceable. In Manley v. Humboldt Nursing Home, Inc.,…
Although a fee-splitting provision in an arbitration agreement was unconscionable based on the plaintiff’s financial situation, the Court of Appeals ruled that the fee-splitting provision was severable and that defendant’s motion to compel arbitration should have been granted. In Stokes v. Allenbrooke Nursing and Rehabilitation Center LLC, No. W2019-01983-COA-R3-CV (Tenn.…
Where a plaintiff named the wrong defendant in a premises liability suit, but claimed that the proper defendant had notice of the lawsuit due to a correspondence she had sent on its website stating that she had been in contact with her legal team, the proper defendant did not have…
Tennessee Justice Programs has released it Fall 2020 on-demand video seminar CLE programs. Former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley, and I started Justice Programs almost 20 years ago. The seminar program is designed for civil trial practitioners who are interested in…
The American Bar Association has adopted a paper describing best practices for third-party litigation funding. The paper does “not take a position on a number of litigation funding issues – for example, whether litigation funding should be permitted, as a matter of law or legal ethics, in any particular jurisdiction…
Where plaintiffs included wife’s claim for loss of consortium in their complaint with the Tennessee Claims Commission, but the wife had not given notice of her loss of consortium claim to the Division of Claims Administration within the applicable statute of limitations, dismissal of the wife’s claim was affirmed. In…
When a plaintiff takes a voluntary nonsuit in a case asserting vicarious liability against an employer for its employee’s negligence, that plaintiff can re-file pursuant to the savings statute, even if the employee was voluntarily dismissed from the first case. In Helyukh v. Buddy Head Livestock & Trucking, Inc., No.…
Where plaintiff failed to file a transcript or a Rule 24 statement of the evidence with the appellate court, the “facts found by the trial court [were] conclusive on appeal” and the ruling for defendant school system was affirming in this GTLA case. In Johnson v. Millington Municipal Schools, No.…
Where plaintiffs tried to certify a class in a food poisoning case that included all persons who ate at defendant restaurant during a certain time period that became sick due to either ingesting contaminated well water and/or coming into contact with sick employees, as well as these customers “spouses parents…