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Day on Torts

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Sixteen-Year-Old Misrepresentation Claim Time-Barred

Where plaintiff could have discovered fire damage to her home by simply moving the refrigerator or looking in the HVAC return, the statute of limitations on her misrepresentation claims was not tolled under the discovery rule of the doctrine of fraudulent concealment. In Eldridge v. Savage, No. M2016-01373-COA-R3-CV (Tenn. Ct.…

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Home Inspector Owes No Duty to Guest of Homebuyer

The Tennessee Supreme Court recently refused to recognize liability for potential negligence from a home inspector to the third party guest of the purchaser of a home. In Grogan v. Uggla, No. M2014-01961-SC-R11-CV (Tenn. Nov. 21, 2017), plaintiff was injured when he was a social guest at a home and…

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Nursing Home Arbitration Agreement Not Enforced

While the parties to an arbitration agreement may agree to “arbitrate threshold issues concerning the arbitration agreement,” issues concerning whether a contract was actually formed should be decided by a court. In Edwards v. Allenbrooke Nursing and Rehabilitation Center, LLC, No. W2016-02553-COA-R3-CV (Tenn. Ct. App. Oct. 26, 2017), plaintiff sued…

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Medical Malpractice Defense Verdict Affirmed

In Commercial Bank & Trust Co. v. Children’s Anesthesiologists, P.C., No. E2016-01747-COA-R3-CV (Tenn. Ct. App. Oct. 25, 2017), plaintiffs were the legal guardian of a minor who, after a shunt revision, was no longer able to walk. Plaintiffs filed an HLCA suit, and after trial, the jury returned a verdict…

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Court Rejects Assertion that Video of Crash Determined Fault Allocation as a Matter of Law

Even with video showing the crash, a court may find that there are issues of fact concerning fault allocation surrounding a car accident. In Trammell v. Peoples, No. M2016-02198-COA-R3-CV (Tenn. Ct. App. Oct. 11, 2017), plaintiffs were involved in a car accident with defendant. Defendant was driving a box truck…

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Nurse Not Competent to Give Causation Testimony in Medical Malpractice Case

In a health care liability action, a plaintiff must show not only that the defendant breached the standard of care, but that such breach proximately caused the injury in question. Further, that causation testimony cannot come from a nurse. In Estate of Sample v. Life Care Centers of America, Inc.,…

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Malicious Prosecution Claims – Statute of Limitations

A conviction in a criminal case, even if a post-conviction appeal is pending, does not satisfy the element of a “prior action [being] finally terminated in favor of plaintiff” for the purpose of a malicious prosecution claim. In Moffitt v. McPeake, No. W2016-01706-COA-R3-CV (Tenn. Ct. App. Oct. 10, 2017), plaintiff…

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