Motions to amend a complaint or answer are a routine part of trial practice in Tennessee state court. Here is a recent statement on the law of motions to amend: Trial courts have broad authority to decide motions to amend pleadings and will not be reversed absent an abuse of…
Where a man being arrested was shot and killed after he went out of his home and raised a gun towards a police officer, the Court of Appeals affirmed dismissal of a GTLA tort suit, finding that the police department was immune from suit and that the suit was barred…
Rule 15 of the Tennessee Rules of Civil Procedure allows complaints and answers to be amended under the conditions set forth in the rule, but amendments do not make the statements in the original pleading disappear. In Lanier v. Bane, No. M2000-03199-COA-R3CV, 2004 WL 1268956, at *2 (Tenn. Ct. App.…
Tennessee law will permit a plaintiff who properly voluntarily dismisses a suit in state to timely re-file it and avoid a statute of limitations defense, but the correct procedure must be followed. Frye v. Blue Ridge Neuroscience Center, P.C., 70 S .W.3d 710, 716-717 (Tenn.2002) tells us that “absent service…
Where a plaintiff’s expert testimony in an HCLA (formerly known as medical malpractice) case was deemed to be “ambiguous and inconclusive” regarding causation, summary judgment for defendant was affirmed. In Bridges v. Lancaster, No. M2019-00352-COA-R3-CV (Tenn. Ct. App. Dec. 27, 2019), plaintiff had surgery performed by defendant doctor to put…
Certain claims for personal injury, wrongful death and property damage may be asserted against the State of Tennessee, but different rules apply and there are plenty of pitfalls for those unfamiliar with the law or procedures of litigating in the Claims Commission. One such pitfall arise at the intersection of…
Where a plaintiff was injured while working on a construction site owned by defendant, but the trial court ruled that plaintiff was actually an employee of an independent contractor retained by defendant, the Court of Appeals affirmed a jury verdict finding defendant only 10% at fault for plaintiff’s injuries. In…
The number of trials in Tennessee state court continued to decline in 2019, although jury trials in Circuit Court ticked up slightly. What follows is the number of jury and non-jury trials in Tennessee state courts for the indicated fiscal years (July 1 – June 30): Year Chancery Non-Jury …
Where an independent contractor working at a convenience store had been told that the store had been robbed before, neither the landlord nor the operator of the store were liable when he was injured in an armed robbery. In Priestas v. Kia Properties, LLC, NO. W.2019-00728-COA-R3-CV (Tenn. Ct. App. Dec.…
Occasionally, a plaintiff does not learn until after more than one-year after an event that the person who caused plaintiff’s injuries and losses was working in the course and scope of employment at the time of the incident. How can a plaintiff add the employer as a party defendant and…