When an HCLA plaintiff decides to serve pre-suit notice via personal service, such service must actually be completed in accordance with the statute in order for the plaintiff to take advantage of the 120-day extension of the statute of limitations. In Webb v. Magee, No. 2018-01305-COA-R3-CV (Tenn. Ct. App. April…
Where a plaintiff tripped on a crack in a parking lot that was 54 feet long and resulted in a height deviation of no more than 1.5 inches, the property owner owed no duty to plaintiff and summary judgment in a premises liability case was affirmed. In Shaw v. Metropolitan…
Where a plaintiff continued to pursue a defamation case even after depositions revealed that the allegedly defamatory statements were only made to two of plaintiffs’ friends and the statements did not change their opinion of plaintiff, Rule 11 sanctions against plaintiff were affirmed. In McMillin v. Realty Executives Associates, Inc.,…
Where a plaintiff claiming that he was sexually assaulted in a locker room failed to present any evidence that the “health club knew or should have known of prior assaults by the assailant or anyone else,” summary judgment for defendant health club was affirmed. In Boswell v. Young Men’s Christian…
A plaintiff’s claim that the city had a duty to protect her against a dog owned by another citizen fell under the public duty doctrine, and summary judgment for defendant city was thus affirmed. In Fleming v. City of Memphis, No. W2018-00984-COA-R3-CV (Tenn. Ct. App. Mar. 5, 2019), plaintiff filed…
In order to bring a direct claim against a plaintiff’s uninsured motorist insurance carrier, the plaintiff must have filed his initial complaint against the uninsured motorist (or “John Doe” if unknown) within the one-year statute of limitations. In Fults v. MetLife Auto & Home Insurance Agency, Inc., No. M2018-00647-COA-R3-CV (Tenn.…
Where the Claims Commissioner’s ruling for defendant on a negligence suit did not include conclusions of law regarding both of plaintiffs’ theories, the order of dismissal was deemed deficient and was vacated by the Court of Appeals. In Kim v. State, No. W2018-00762-COA-R3-CV (Tenn. Ct. App. Feb. 26, 2019),…
A nurse who worked in an administrative capacity in the year preceding an incident underlying an HCLA claim may not be qualified to give expert testimony in the case. A Rule 59.04 motion did not cure the deficiency in the initial affidavit. In Smith v. Methodist Hospitals of Memphis, No.…
Where plaintiff failed to present any proof that the stairs owned by defendant were defective, the trial court’s finding for defendant was affirmed. In James v. City of Dyersburg, No. W2018-00614-COA-R3-CV (Tenn. Ct. App. Feb. 22, 2019), plaintiff filed a GTLA premises liability suit after falling on stairs outside of…
We have been reviewing data from the 2018 Tennessee Health Care Liability Claims Report, which reports data for claims closed in 2017 as well as other data. Some additional statistics of note: Health care facilities paid 46.44% (738) of all claims paid in 2017. Medical doctors were next at 28.5% (453)…