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Although plaintiff styled his case as a false imprisonment claim based on a two-hour hold in a hospital related to a mental health evaluation, the Court of Appeals affirmed the ruling that the case actually fell within the HCLA and was thus subject to dismissal for failure to provide pre-suit notice and/or a certificate of good faith.

In Weakley v. Franklin Woods Community Hospital, No. E2020-00591-COA-R3-CV (Tenn. Ct. App. Dec. 22, 2020), plaintiff went to the defendant hospital the day after a car accident seeking medical treatment. According to plaintiff, a “community navigator” at the hospital asked him if he had ever had suicidal thoughts, and he told her that he had experienced such thoughts twenty years earlier. Thereafter, a nurse entered plaintiff’s room and told him that “she was compelled by state law and hospital policy to administer a mental health assessment.” When she asked plaintiff if he had experienced suicidal thoughts, he said no, but she said she wanted to admit him to the hospital, which he declined. Plaintiff alleged that he was then given insulin and fluids, but when he tried to leave the hospital after treatment, “he was stopped by an unidentified nurse who stated that a hold had been placed on [plaintiff] until he spoke with a psychologist.” A physician’s assistant later came into plaintiff’s room, telling him he had been placed on a hold and was not permitted to leave until he saw a behavioral specialist. Plaintiff averred that he later told this physician’s assistant that he wished to call the police department to report a claim of false imprisonment, and that he was then allowed to leave the hospital.

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Tennessee Justice Programs has released it Fall 2020 on-demand video seminar CLE programs.

Former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley, and I started Justice Programs almost 20 years ago.  The seminar program is designed for civil trial practitioners who are interested in enhancing their legal knowledge as they earn CLE credit.

Historically, our seminar was presented in three live programs in Knoxville, Nashville and Memphis.  This year, COVID-19 has caused us to abandon the normal and film 15 hours of on-demand legal education.  The Tennessee Supreme Court now permits unlimited on-demand programs to fulfill all CLE obligations.

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Where a daughter signed admission paperwork for her mother upon the mother’s admission to a nursing home, but the mother was mentally competent and did not give the daughter authority to sign the paperwork, an arbitration agreement included in the paperwork was unenforceable.

In Manley v. Humboldt Nursing Home, Inc., No. W2019-00131-COA-R3-CV (Tenn. Ct. App. Sept. 18, 2020), plaintiff filed a wrongful death action against defendant nursing home after her mother passed away. Defendant filed a motion to compel arbitration based on an arbitration agreement included in the admission paperwork. It was undisputed that the admission paperwork was signed by the daughter, even though the mother was “competent when she was admitted” and the daughter “did not possess a power of attorney to act on behalf of her mother.”

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Tennessee Justice Programs has released it Fall 2020 on-demand video seminar CLE programs.

Former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley, and I started Justice Programs almost 20 years ago.  The seminar program is designed for civil trial practitioners who are interested in enhancing their legal knowledge as they earn CLE credit.

Historically, our seminar was presented in three live programs in Knoxville, Nashville and Memphis.  This year, COVID-19 has caused us to abandon the normal and film 15 hours of on-demand legal education.  The Tennessee Supreme Court now permits unlimited on-demand programs to fulfill all CLE obligations.

Here is an excellent decision supporting the right of a party to take depositions by remote video despite an objection raised by the opposing party.

The court’s order references many of the issues that arise during remote video depositions and thus is a great resource for lawyers who are unfamiliar with such issues.

Where a middle school student was injured when he tripped on his backpack strap, beginning a chain of events that knocked down a chair that was stacked on top of a table and injured his hand, summary judgment was affirmed based the lack of a dangerous condition and the injury not being foreseeable.

In Landry v. Sumner County Board of Education, No. M2019-01696-COA-R3-CV (Tenn. Ct. App. June 30, 2020), plaintiff was an 11-year-old student sitting with friends in his school cafeteria as he waited for the bell to ring to begin the school day. At this school, the chairs were always placed upside down on the top of the tables the day before so the custodians could clean. In the mornings, the kids would take down a chair to sit. On this particular morning, plaintiff’s backpack strap had unknowingly become wrapped around the leg of his chair. When plaintiff stood to leave, he tripped on the strap. As he fell, he pushed his chair away, and that chair hit a chair that was still upside down on a table. The upside down chair fell and hit plaintiff’s hand, severing the tip of one of his fingers.

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Where plaintiffs sent pre-suit notice to 45 health care providers, but the HIPAA authorization included with the notice only authorized disclosures to plaintiffs’ counsel, dismissal of their health care liability claim based on failure to comply with the statutory requirements was affirmed.

In Owens v. Stephens, No. E2018-01564-COA-R3-CV (Tenn. Ct. App. April 16, 2020), plaintiffs filed an HCLA claim against numerous defendants alleging that negligent care of plaintiff mother resulted in the death of her child. Before the suit was filed, plaintiffs sent pre-suit notice pursuant to the HCLA to 45 health care providers. This notice included a HIPAA authorization for the release of the mother and child’s medical records, but the release stated that it permitted providers “to disclose my entire medical record…to BREEDING & HENRY, LLC…” Breeding & Henry, LLC was the law firm representing plaintiffs.

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The Texas Supreme Court has reversed the imposition of sanctions by a trial judge against a lawyer who was alleged to have engaged in push-polling in a case shortly before it was set for trial by jury.

The movants argued that a law firm employed by defendant product manufacturer “had improperly commissioned a telephone survey to be conducted in the county of suit mere weeks before the scheduled jury trial without ensuring witnesses, represented parties, judges, and court personnel were excluded from the survey database and without voluntarily disclosing the survey to the trial court or the litigants.”  Maj. Op.,  p. 3.  The manufacturer did not commission the poll or know it was being done. Maj. Op., p.  8.   The poll is appended to the court’s opinion.

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Plaintiff’s allegation that the examination table provided during a doctor’s appointment was unsafe fell under the Health Care Liability Act (HCLA) and was thus subject to dismissal due to plaintiff’s failure to provide pre-suit notice.

In Johnson v. Knoxville HMA Cardiology PPM, LLC, No. E2019-00818-COA-R3-CV (Tenn. Ct. App. Mar. 24, 2020), plaintiff had suffered from dizziness and fatigue, and he had a pacemaker implanted. In a later visit “for reprogramming of his pacemaker and other issues,” plaintiff fell off the examination table and hit the wall at defendant’s office “due to a fainting spell, resulting in injuries to [his] neck.”

Plaintiff filed suit alleging negligence, and his allegations were couched in premises liability language. Plaintiff asserted that defendants were negligent by failing to provide an examination table with railing and/or by failing to have padding. Plaintiff argued that “because Defendants knew that he suffered from fatigue and dizziness, they should have been aware of the risk associated with leaving him unattended on the examination table.”

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