Where an attorney advised her client in a family law case that her husband’s actions in distributing a video of the client having sex with another man might be criminal and advised the client to make a true report to the police department, the attorney was not liable for any…
Where a plaintiff was running in the dark with no wearable light and was hit by a car while crossing the road, the Court of Appeals affirmed a jury verdict finding plaintiff 80% at fault. In Golden v. Powers, No. E2019-00712-COA-R3-CV (Tenn. Ct. App. Feb. 12, 2020), plaintiff and her…
The Tennessee Supreme Court recently reversed a Court of Appeals opinion and reinstated a trial court’s refusal to grant a motion to alter or amend. The trial court had granted defendant’s summary judgment motion based on plaintiff’s HCLA expert being unqualified to testify as to causation and plaintiff not obtaining…
Where plaintiff was injured when he was standing on the water meter box in his yard and the concrete cover unexpectedly moved, and the governmental water authority had noted that the box needed to be replaced four months before the incident, the Court of Appeals affirmed a finding that the…
Sometimes companies that do business or cause harm in Tennessee have not registered to do business in Tennessee or have not appointed a registered agent in the state. If you want to sue them in a civil action (but not a worker’s compensation action), on whom to you serve the…
The Tennessee Supreme Court yielded to the Legislature’s decision to impose a cap on the amount of money that can be awarded to people harmed by the carelessness of others. The law was passed in 2011. The law requires judges to reduce jury awards for human losses (called “noneconomic damages…
Data has been released that shows the number of Tennessee medical malpractice (now called health care liability actions) filed and disposed of for the year ending June 30, 2019. A total of 422 claims were filed in our state courts in FY 2019, about the same as the previous year…
Today we follow up on our previous post about the number of civil trials in Tennessee and we concentrate on the number of trials in Tennessee personal injury, wrongful death and other tort cases. (Health care liability trials are excluded from these numbers.) In the fiscal year ending June 30,…
Where the trial court granted summary judgment on two grounds in a Tennessee medical malpractice case, but plaintiff only raised one of the grounds in her appeal, summary judgment was affirmed. In Lovelace v. Baptist Memorial Hospital-Memphis, No. W2019-00453-COA-R3-CV (Tenn. Ct. App. Jan. 16, 2020), plaintiff filed an HCLA suit…
Where a tenant brought a premises liability claim against a landlord based on a loose piece of wood at the top of stairs inside an apartment, but the evidence showed that the tenant and landlord walked through the apartment before the lease began and neither noticed the allegedly dangerous condition…