Where a claim for negligence against a bank fell within the parameters of the UCC, the common law negligence claim was preempted and summary judgment for defendants was affirmed. In Mark IV Enterprises, Inc. v. Bank of America, N.A., No. M2017-00965-COA-R3-CV (Tenn. Ct. App. June 26, 2018), plaintiff sued defendant…
Where a plaintiff sent notice to and filed suit against an incorrect HCLA defendant, then moved to amend to name the correct defendant, the motion to amend may be futile if the complaint was originally filed outside the one-year statute of limitations, as the 120-day extension would not apply to…
When an additur changed a jury verdict from $300,000 to over $1.3 million, the Court of Appeals ruled that it destroyed the jury’s verdict. In Walton v. Tullahoma HMA, LLC, No. M2017-01366-COA-R3-CV (Tenn. Ct. App. June 7, 2018), plaintiff brought a health care liability and wrongful death claim after her…
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.…