In cases involving damages to real property, the general “measure of damages will be the cost of repair[.]” If a defendant wants to argue that diminution in value is a more appropriate measure of damages, he or she has to burden of proving the difference in value from before and…
An HCLA plaintiff who does not comply with the pre-suit notice requirements in the statute is not entitled to the 120-day extension of the statute of limitations. In Brookins v. Tabor, No. W2017-00576-COA-R3-CV (Tenn. Ct. App. March 8, 2015), plaintiff husband originally filed an HCLA suit against several defendants, including…
Where a painter fell off a ladder but could not prove cause in fact or proximate cause, summary judgment on his negligence claim was affirmed. In Epps v. Thompson, No. M2017-01818-COA-R3-CV (Tenn. Ct. App. March 15, 2018), plaintiff was hired by defendant to paint the exterior of her house. Defendant…
A surviving spouse maintains priority to file a wrongful death action, even if the surviving spouse’s alleged negligence caused or contributed to the decedent’s death. In Nelson v. Myres, No. M2015-01857-SC-R11-CV (Tenn. March 5, 2018), decedent died in a car accident. The daughter filed a wrongful death action, naming several…
For your reading pleasure – my newest article in the Tennessee Bar Journal. The article discusses the responsibility imposed on one who decides to bring a Tennessee wrongful death suit and how fault allocations against that person can complicate the case.
Where a drainage cut in a concrete platform was visible but not open and obvious, a finding that the plaintiff was only twenty percent at fault for his fall was affirmed on appeal. In Osborne v. The Metropolitan Government of Nashville and Davidson County, No. M2017-01090-COA-R3-CV (Tenn. Ct. App. Feb.…
The collateral source rule still applies in Claims Commission cases to bar evidence that a plaintiff actually paid a discounted amount on his or her medical expenses. In both Estate of Tolbert v. State of Tennessee, No. M2017-00862-COA-R3-CV (Tenn. Ct. App. Feb. 28, 2018) and Stevens v. State of Tennessee,…
In most legal malpractice cases, a plaintiff will need expert proof regarding the applicable standard of care. In Elaster v. Massey, No. E2017-00020-COA-R3-CV (Tenn. Ct. App. Feb. 22, 2018), plaintiff filed a pro se legal malpractice case against two attorneys who had previously represented her in a workers’ compensation claim.…
Where plaintiff sued an adjacent landowner for visible water that allegedly made him fall at a storage facility, the Court of Appeals affirmed the holding that the defendant was not liable for the accident. In Morgan v. Memphis Light Gas & Water, No. W2016-01249-COA-R3-CV (Tenn. Ct. App. Feb. 6, 2018),…
A city government cannot be held liable in tort for a drainage problem on a road it does not own or operate caused by a malfunctioning pipe it did not install. In Walker v. Metropolitan Government of Nashville & Davidson County, No. M2016-00030-COA-R3-CV (Tenn. Ct. App. Feb. 13, 2018), plaintiff…