Day on Torts

July 27, 2010

Pool Alarms To Be Required in Some Tennessee Swimming Pools

This post is a part of our effort to advise our fellow lawyers of statutes that were enacted during the 2010 legislative session.

Public Chapter 850 is known at "Katie Beth’s Law." It requires the use of pool alarms in all swimming pools ( a defined term) installed after July 1, 2011. The poorly-drafted act excludes public pools and pools in multi-family housing operations. The failure to install a pool alarm is a Class C misdemeanor.

"Katie Beth’s Law" is named a child who drowned in a residential swimming pool in Cookeville in 2009. Katie Beth was the great granddaughter of Sen. Charlotte Burks.

July 27, 2010

“Do Not Vote For My Dad!”

by The Law Offices of John Day, P.C.

There are lots and lots of reasons to be a good dad, not the least of which is to avoid having your son or daughter actively oppose your effort to be a judge by taking out an ad in the local newspaper.

July 20, 2010

Trying Medical Malpractice Cases in Nashville

by The Law Offices of John Day, P.C.

A recent study gives yet another reason of why it is difficult for a plaintiff to win a medical malpractice case in Nashville.

MTSU’s Business and Economic Research Center has released a study that states that puts health care industry’s annual economic impact in Nashville at $30 billion. That represents an increase of 60 percent since 2004. The number of jobs in teh Nashville MSA directly tied to the health care industry has grown from 94,000 to more than 110,000.

The study reports that "[m]ore than 56 major health care companies (public and private) have chosen Nashville as their home, and seven of the nation’s 12 leading for-profit acute care hospital companies are located in Nashville, controlling more than one-third of the investor-owned hospitals in the United States."

July 19, 2010

Visiting The Scene

by The Law Offices of John Day, P.C.

I have said for years that it is essential that lawyers trying tort cases must visit the scene of the events to adequately prepare for trial. Now, Winning Trial Advocacy Tips has written a post called "Trial Lawyers at the Scene of the Crime" that does an excellent job of explaining why it is so important to do so.

July 12, 2010

Leading Tennessee Tort Cases – Charitable Immunity – Generally

by The Law Offices of John Day, P.C.

This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases. To order the book go here.

§ 14.1 Generally

The Case: Anderson v. Armstrong, 171 S.W.2d 401 (Tenn. 1943).

July 12, 2010

Taking the Warning Thing A Little Too Far

by The Law Offices of John Day, P.C.

I readily and proudly admit to being a plaintiff’s lawyer. And, I confess, from time to time I have taken what some would argue as "aggressive" positions on the responsibility of certain defendants to warn others of the risk of harm.

However, the most aggressive plaintiff’s lawyer on the planet would not think the warning given in the restrooms in the convention center in Vancouver was necessary. This is the language of a sign posted above each urinal.

The Vancouver Convention Centre is committed to sustainability and uses recycled non-potable water from its Waste Treatment Facility to flush toilets and urinals. This water is not intended for consumption.

July 9, 2010

Tennessee Legislative Changes – 2010

by The Law Offices of John Day, P.C.

Public Chapter 787 has changed the law concerning the amount of exemption you receive for personal property if you file bankruptcy. The old law provided for an exemption of $4000. The new law increases the exemption to $10,000.

If you are a plaintiff’s tort lawyer and you think this change will impact your practice in any material way, I suggest you read an article I wrote on case selection.

July 8, 2010

Tennessee Legislative Update – 2010

by The Law Offices of John Day, P.C.

The Tennessee General Assembly passed several bills that became law effective July 1, 2010. One of those is Public Chapter 752. The legislation revises a deadline for a special definition of governmental entities in governmental tort liability cases against governmental entities in Shelby County. The legislation was designed to protect The Med in Memphis from litigation. The special definition was supposed to expire in 2011. The deadline has been removed and the special definition will apply to all tort cases filed after July 1, 2003.

Note: the Tennessee Supreme Court has declared a portion of the earlier act unconstitutional to the extent that it applied to injuries occurring before July 1, 2003 but impact the rights of plaintiffs who filed after July 1, 2003. The case is Estate of Bell v. Shelby County Health Care Corporation, W2008-02213-SC-S09-CV (Tenn. June 24, 2010).

July 6, 2010

SVMIC Financial Results – 2009

by The Law Offices of John Day, P.C.

On June 15, 2010 I reported that SVMIC, the bedpan mutual that insures the vast majority of Tennessee doctors, reduced its rates by 23.1% . I also reported that the company declared a $20,000,000 dividend. The net effect of the dividend means that policyholders with a history of no paid claims will receive another 8% reduction (or so) in rates effective May 15, 2010.

How can SVMIC cut rates so dramatically while paying the highest dividend it has paid in years? There are two reasons. First, as a result of the tort reform passed effective October 1, 2008 (revised effective July 1, 2009) claims have decreased substantially. Fewer claims means reduced claims handling costs, defense fees, court reporter and other litigation fees, and claims payments. Since the law permits insurers to "write off" reserves as they are established, fewer claims means that reserves are lower than these would have otherwise been had there been more claims. A decrease in the need to set aside money in reserves for these "absent" claims increases net income.

And how it has increased. In 2009, SVMIC had a net income (after taxes) of a whopping $71, 968,000, an increase of over 100% from a year earlier.

July 1, 2010

Suit Against Google Maps Falls Short on Causation Element

by The Law Offices of John Day, P.C.

Hat tip to Abnormal Use: The Unreasonably Dangerous Products Liability Blog for advising me about this Utah lawsuit.

Apparently, a woman followed Google Maps walking directions on her Blackberry, walking across a four-lane highway where she was struck by an approaching vehicle. She sued Google; here is a copy of the suit.

Her lawyer says that the plaintiff f was walking in an area she had never been before, at a time when it was very dark, and that Google failed to warn the Plaintiff that walking routes may be missing sidewalks or pedestrian paths. Here is an image of the scene from Google. Google says that every software version for mobile devices has had a disclaimer that advises walkers to use caution since Google Maps was launched in 2008.