Where an HCLA plaintiff sent defendants a HIPAA authorization that “failed to include the mother’s authority to sign the document, the expiration date of the document, and the names of all healthcare providers authorized to use or disclose the requested information,” plaintiff was still deemed to have substantially complied…
Evidence of an accident or injury alone is not enough to withstand a motion for summary judgment in a premises liability case. In Jobe v. Goodwill Industries of Middle Tennessee, Inc., No. M2017-02299-COA-R3-CV (Tenn. Ct. App. June 4, 2018), plaintiff was a shopper at a Goodwill store. When she “attempted…
When a plaintiff files a complaint within the statute of limitations but fails to have process issued and served within the required time parameters, an extension of time for service of process may be granted if a trial court finds excusable neglect. In Edwards v. Herman, No. E2017-01206-COA-R9-CV (Tenn.…
Where a plaintiff has signed a settlement agreement swearing that such agreement is “fair and equitable,” she may be judicially estopped from later bringing a legal malpractice claim based on that same settlement. In Kershaw v. Levy, No. M2017-01129-COA-R3-CV (No. M2017-01129-COA-R3-CV), plaintiff filed a legal malpractice claim against defendant attorney…
Where a plaintiff in a tractor-trailer accident case unintentionally allowed the tractor at issue to be destroyed, dismissal of the case was ruled an appropriate remedy for spoliation of evidence. In Gardner v. R&J Express, LLC, No. E2017-00823-COA-R3-CV (Tenn. Ct. App. May 7, 2018), plaintiff owned a tractor truck that…
Where a defendant has changed its story regarding relevant facts, leaving material facts in dispute, summary judgment is inappropriate. In Schacklett v. Rose, No. M2017-01650-COA-R3-CV (Tenn. Ct. App. May 2, 2018), plaintiff filed a premises liability claim after falling at defendants’ home. Plaintiff was a catering employee who had entered…
When a plaintiff refuses to comply with an order to submit to a medical examination under Rule 35 of the Tennessee Rules of Civil Procedure, the trial court may refuse to allow the plaintiff to introduce evidence of medical expenses at trial. In Prewitt v. Brown, No. M2017-01420-COA-R3-CV (Tenn. Ct.…
A claim that a medical student was wrongly dismissed without the proper process does not fall under the jurisdiction of the Tennessee Claims Commission. In Williams v. State, No. E2017-00626-COA-R3-CV (Tenn. Ct. App. April 23, 2018), plaintiff had been dismissed from ETSU medical school, and he filed a complaint with…
When a Tenneseee state trooper was injured by a sheriff’s deputy’s police dog, his lawsuit against the owner of the dog was not statutorily precluded. In Greenlee v. Sevier County, Tennessee, No. E2017-00942-COA-R3-CV (Tenn. Ct. App. April 26, 2018), plaintiff was a Tennessee State Trooper who had attempted to make…
Tennessee products liability claims are subject to a ten-year statute of repose, and that limitation period is not subject to equitable estoppel. In Ismoilov v. Sears Holdings Corporation, No. M2017-00897-COA-R3-CV (Tenn. Ct. App. April 25, 2018), plaintiff brought a products liability suit based on a water heater that broke, causing…