When a doctor is practicing in Tennessee but not licensed in Tennessee or in a contiguous state, but is instead practicing under a statutory licensure exemption as part of a fellowship program, he does not meet the requirements to testify as to standard of care and breach of said standard…
Where plaintiffs sent pre-suit notice to 45 health care providers, but the HIPAA authorization included with the notice only authorized disclosures to plaintiffs’ counsel, dismissal of their health care liability claim based on failure to comply with the statutory requirements was affirmed. In Owens v. Stephens, No. E2018-01564-COA-R3-CV (Tenn. Ct.…
Where a grocery store lessee was not responsible for maintaining its parking lot under its lease, but it had repeatedly exercised control over the parking lot area where plaintiff fell, the Court of Appeals found that it had “assumed a duty to maintain the parking lot[.]” In Jones v. Earth…
Where plaintiff failed to produce a photograph of an accident scene in response to requests for production, despite a consent order compelling a response to the discovery requests, the Court of Appeals affirmed the exclusion of a portion of defendant’s deposition testimony that plaintiff wanted to use at trial as…
Where plaintiff alleged that a magazine stand at a grocery store checkout was a dangerous condition, but she had no evidence regarding how long the condition had existed and no proof that the magazine stand had caused any other falls, summary judgment for defendant was affirmed. In Lyon v. Castle…
When a complaint asserts a health care liability (formerly known as “medical malpractice”) claim against a pharmacy and/or pharmacist, the pharmacist defendants are “barred from asserting the ‘seller shield’ defense set forth in the Tennessee Products Liability Act, Tenn. Code Ann. § 29-28-106.” In Heaton v. Mathes, No. E2019-00493-COA-R9-CV…
This article by Steven Auvil in the National Law Journal gathers case law supporting the right of the parties to take remote video depositions during the Pandemic. An excerpt: In Ogilvie v. Thrifty Payless, the Western District of Washington court denied the parties’ joint motion to extend court deadlines, including the fact…
Where plaintiffs could not prove that a trucking company owned the tractor that caused an accident, and instead offered directly contradictory evidence on the issue, summary judgment for defendants was affirmed. In Affainie v. Heartland Express Maintenance Services, Inc., No. M2019-01277-COA-R3-CV (Tenn. Ct. App. April. 1, 2020), plaintiffs were the…
Where a plaintiff filed a personal injury action against the personal representative of the estate of the deceased tortfeasor, but the estate had already been closed and the statute of limitations had run by the time the plaintiff sought to extend the time to file correctly, dismissal based on untimeliness…
Every Tennessean noticed a decline in motor vehicle traffic in the the month of April 2020. The reduced number of vehicles on the roads showed up in the death rate on the state’s highways. In 2019, 88 people died on Tennessee highways during the month of April. In April 2020,…