Day on Torts

July 8, 2024

Optional arbitration agreement at nursing home was legal decision.

Signing an optional arbitration agreement during the process of signing other nursing home admission paperwork is a legal decision, not a healthcare decision, according to the Tennessee Supreme Court.

In Williams v. Smyrna Residential , LLC, 685 S.W.3d 718 (Tenn. 2024), Granville Williams, Jr. (“Williams”) executed a durable power of attorney (“POA”) appointing his daughter, Karen Sams (“Sams”), as his attorney-in-fact. This POA gave Sams authority to act for Williams “in all claims and litigation matters.” The POA did not mention healthcare decisions and no healthcare POA was executed.

In 2020, Sams assisted with Williams’ admission to defendant nursing home. Sams signed the admission paperwork for Williams, which included an arbitration agreement. Although the admission contract stated that it incorporated the terms of the arbitration agreement, the arbitration agreement itself stated that it was optional and “not a condition of admission” to the nursing home. Two months later, Williams died.

July 4, 2024

Lawrence County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

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

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Lawrence County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the Lawrence County court system.

July 2, 2024

Monroe County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

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

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Monroe County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the Monroe County court system.

July 1, 2024

July 1 – Effective Date for New Rules of Procedure and Evidence

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

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.

July 1, 2024

Optional arbitration agreement not a healthcare decision.

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

A healthcare power of attorney does not give the attorney-in-fact authority to sign an optional arbitration agreement on behalf of a patient.

In Hall v. Quality Center for Rehabilitation and Healing, LLC, No. M2022-01028-COA-R3-CV (Tenn. Ct. App. May 9, 2024), plaintiff’s husband died at a hospital after living at defendant nursing home. Before admission to the nursing home, the husband signed a healthcare power of attorney granting plaintiff/wife the authority to make health care decisions on his behalf. Plaintiff signed the nursing home admission form for her husband, as well as an optional arbitration agreement upon admission.

After the husband’s death, plaintiff filed this wrongful death case. Defendant moved to have the trial court compel arbitration based on the optional arbitration agreement plaintiff signed. The trial court denied the motion to compel arbitration, and the Court of Appeals affirmed.

June 27, 2024

Gibson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

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

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Gibson County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the Gibson County court system.

June 26, 2024

Interference with business relationship claim abated on defendant’s death.

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

Plaintiffs’ claim for tortious interference with a business relationship based on an email written by defendant abated upon defendant’s death.

In Stockdale v. Helper, No. M2022-00846-COA-R3-CV (Tenn. Ct. App. May 8, 2024), plaintiffs worked as employees of a police department. After a department investigation, defendant District Attorney wrote an email to the city manager stating that she would not be able to prosecute cases based solely on investigations done by plaintiffs. Based on this email, the city manager terminated plaintiffs.

After filing a federal suit in which the federal court declined to exercise jurisdiction over the state claims, plaintiffs filed this case. Plaintiffs asserted claims for (1) tortious interference with a business relationship and prospective business relationships and (2) official oppression under a negligence per se theory. The trial court dismissed the claims, ruling that defendant was entitled to absolute immunity and qualified immunity. Plaintiffs filed an appeal, and defendant died while the appeal was pending. Defendant’s personal representative was substituted into the case, and the personal representative argued that the claims abated upon defendant’s death.

June 25, 2024

Loudon County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

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

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Loudon County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the Loudon County court system.

June 24, 2024

TPPA applies to case against attorneys related to previous litigation.

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

A claim that asserted defendant attorneys acted in their own self-interest when they represented another party in multiple lawsuits against plaintiffs fell within the ambit of the Tennessee Public Protection Act.

In Garner v. Thomason, Hendrix, Harvey, Johnson & Mitchell, PLLC, No. W2022-01636-COA-R3-CV (Tenn. Ct. App. Apr. 15, 2024), plaintiffs had been involved in over ten years of trust litigation. Defendant attorneys represented plaintiffs’ brother in the filing of these trust lawsuits against plaintiffs, and plaintiffs were successful in defending all the claims.

After plaintiffs and the brother apparently reconciled, plaintiffs filed this suit against the attorneys who filed the trust lawsuits on the brother’s behalf. Plaintiffs alleged that the attorneys acted in their own self-interest hoping to eventually recover a contingency fee, that they mislead the brother, that they threatened the brother to continue the litigation, and that plaintiffs were accordingly damaged. (Note that the brother filed a very similar lawsuit at the same time, wherein the Tennessee Court of Appeals ruled that a legal malpractice claim can fall within the TPPA).

June 21, 2024

Bench verdict for plaintiff in pedestrian case reversed.

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

A trial court’s ruling for plaintiff was overturned where plaintiff stepped off a curb between parked cars, not in a crosswalk, and was hit by a truck while attempting to cross the road.

In Easley v. City of Memphis, No. W2023-00437-COA-R3-CV (Tenn. Ct. App. May 1, 2024), plaintiff attempted to cross the street in the middle of a block. A crosswalk existed forty feet away, but plaintiff failed to use it. Instead, plaintiff stepped off the curb between parked cars and was hit by a city employee driving a truck. Plaintiff filed this case against the city as the driver’s employer pursuant to the GTLA.

At trial, plaintiff’s testimony shifted. While she initially testified that the driver was looking at his phone, she also testified that she could not see where he was looking. She also stated that the driver stopped to allow pedestrians to cross, but then testified that he stopped due to a red light.