Where defendant admitted liability for a car accident but denied that the accident caused plaintiff’s alleged injuries, a jury verdict for defendant was affirmed where there was material evidence showing that the accident was minor, evidence showed plaintiff had a history of back and/or neck pain, and plaintiff’s expert witness…
Dismissal of claims of defamation and false light invasion of privacy by the former CEO of a credit union was affirmed where the email she cited “was not capable of conveying a defamatory meaning” and could not “be considered highly offensive to a reasonable person;” the statement she cited…
Where defendant attorneys presented expert proof consisting of their own affidavits and the affidavit of another attorney stating that they complied with the applicable standard of care in their previous representation of plaintiff, the testimony of plaintiff and another witness, neither of whom were attorneys, was not enough to defeat…
The Seventh Circuit Court of Appeals has affirmed a $8.3 million damage award in the brachial plexus injury case brought under the Federal Tort Claims Act. The damage award was broken down as follows: $64,967.77 for past medical expenses $80,000 for future medical expenses $2,653,000 in lost earnings $1,500,000 for…
Where plaintiff knew that he would likely be paddled before joining a fraternity but did not understand the full scope of the hazing he would endure, summary judgment based on the plaintiff’s comparative fault was overturned. Further, where the college had received previous reports of hazing from the fraternity in…
Where plaintiff’s initial HCLA pre-suit notice included HIPAA authorizations that were left blank, and plaintiff’s supplemental authorization that attempted to correct the problem was sent after the one-year statute of limitations on his claim had run, dismissal was affirmed. In Carrasco v. North Surgery Center, LP, No. W2019-00558-COA-R3-CV (Tenn. Ct.…
When determining the amount of attorneys’ fees to award in a post-settlement attorney fee dispute, the trial court should have considered the relevant facts and factors contained in Tennessee Rules of Professional Conduct 1.5(a). In Cordova v. Nashville Ready Mix, Inc., No. M2018-02002-COA-R3-CV (Tenn. Ct. App. May 19, 2020), the…
Where defendant introduced no material evidence at trial to support a finding that plaintiff was 77% at fault for a fall cased by a faulty automatic door, the jury’s verdict was vacated. In Gilmore v. NOL, LLC A/K/A Premier Radiology, No. M2019-01308-COA-R3-CV (Tenn. Ct. App. May 27, 2020), plaintiff* was…
Where plaintiffs sued for $500,000 in flood damages to a bus and trailer, but disposed of the bus and trailer shortly after the flood before defendant could examine the alleged damages, the Court of Appeals affirmed dismissal of the gross negligence claim based on spoliation of evidence. In Legacy Five…
Where a premises liability plaintiff produced photographs showing possibly damp conditions around a gas pump where she fell, testified that the EMTs who arrived to help her slipped, and relied on an incident report stating that the store was “not for sure if it was slick from oil or gas,”…