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An expert witness in an HCLA case who admittedly did not know any information about the hospital that administered treatment, including what services it offered or its size, and had never spoken to anyone who worked there or been there in person, did not satisfy the locality rule.

In Bowen v. Nelson, No. W2024-00749-COA-R3-CV (Tenn. Ct. App. May 27, 2025), the plaintiff filed an HCLA action based on her treatment and the transfer process at Jackson-Madison County General Hospital. The plaintiff identified Dr. Jim as her standard of care and causation expert. In his deposition, Dr. Jim stated that he had spent many years working at a hospital in St. Lous, Missouri. When questioned about his familiarity with the hospital where the plaintiff was treated, he admitted to knowing very little. He did not know the population of the city, did not know how many beds were in the hospital (and guessed very inaccurately), and did not know what services the hospital offered. He stated that he had never spoken to anyone who worked at the hospital or visited the hospital.

Based on this testimony, the defendants filed a motion to exclude Dr. Jim pursuant to the locality rule, as well as a motion for summary judgment based on the plaintiff’s inability to prove the necessary elements of her HCLA claim by expert proof. The trial court granted both motions, and the Court of Appeals affirmed.

A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred.

In Abdou v. Brown, No. 2023-01593-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass. This was the third complaint alleging these claims against the same defendant. The first complaint was filed in July 2017 and voluntarily dismissed in September 2019. The second complaint was filed in October 2019 and voluntarily dismissed in September 2022. This third complaint was filed in September 2023.

Defendant filed a motion to dismiss based on the statute of limitations. The trial court granted dismissal, and the Court of Appeals affirmed.

Summary judgment based on immunity under the GTLA was reversed where plaintiff was injured when he had a car accident due a road washout.

In Roberts v. Carter, No. W2023-01316-COA-R3-CV (Tenn. Ct. App. Sept. 4, 2023), plaintiff was driving during rain when he had an accident caused by a washed out road. The speed limited for this road was 45 miles per hour, but plaintiff had slowed to 25 miles per hour before the accident. Although the area had sustained heavy rains, plaintiff left his home while it was not raining, but the rain resumed while he was driving. His visibility was thus reduced.

Three weeks before this accident, a county employee noted the presence of erosion at the outlet end of the culvert on this road. The county corrected this problem by “laying down riprap stone on the outlet end.” Plaintiff’s accident occurred at the opposite inlet end of this same culvert.

July 1, 2024 is the effective date for changes to the Tennessee Rules of Civil Procedure and Evidence.

That is why I created a new book that contains the up-to-date Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition).  It has the rules you need on motion day or in trial, and no other rules that only add only bulk.  Who needs to haul the  Tennessee Supreme Court rules,  the Tennessee Rules of Appellate Procedure, etc.  to a trial court?  No one.

The book is in a 6 x 9 format.  It uses a larger font that other rule books and is printed on white paper to make it easier to read.  It weighs less than 20 oz. and is only 3/4″ deep.  It is easily fits in your briefcase or bag.

Who needs to haul the  Tennessee Supreme Court rules,  the Tennessee Rules of Appellate Procedure, etc.  to a trial court?  No one.

That is why I created a new book that contains only the Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition).  It has the rules you need on motion day or in trial, and no other rules that only add only bulk.

The Courtroom Edition includes rule changes effective July 1, 2024.

Who needs to haul the  Tennessee Supreme Court rules,  the Tennessee Rules of Appellate Procedure, etc.  to a trial court?  No one.

That is why I created a new book that contains only the Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition).  It has the rules you need on motion day or in trial, and no other rules that only add only bulk.

The Courtroom Edition includes rule changes effective July 1, 2024.

On February 17, 2005, this blog offered its first post.  Almost 19 years later, this post represents the 3000th post that has appeared on this site.

That’s right – 3000 posts.

In that time period, both of my older children have finished grade school, high school, and college.  They are living independent lives with excellent jobs. My oldest is living in Minneapolis and the youngest in Atlanta.  My youngest daughter, not born when this blog was launched, is a junior in high school and actively exploring where she wants to attend college.