Day on Torts

November 14, 2022

Free, Helpful Information About the Franklin County, Tennessee Court System

BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals. Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county. Each database is set up in the same format for ease of use.

For example, click on the link for Franklin County. The opening page will give you population and demographic information for the county. The “Court Clerks and Related Information” has contact information for each court clerk, the clerks’ websites, the local rules of court, e-filing information, docket information, and filing fee information for all courts.

The “Judges” tab has biographical and contact information for all judges in the county.

November 11, 2022

Black Friday Sale on Subscriptions to John Day’s Books. 50% off Annual Subscriptions. (And Money-Back Guarantee)

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

Get access to the leading Tennessee books on the law of torts and the law of civil trial at a savings of 50%.

BirdDog Law, the creation of John Day, is the go-to resource for Tennessee judges, lawyers and paralegals. It is the host website for John’s books, and provides numerous free resources that help you in the daily practice of law. This Black Friday sale gives you the opportunity to access John’s books at 50% off the normal price.

Day on Torts – Leading Cases on Tennessee Tort Law helps you quickly locate the leading case on over 500 selected tort topics and gives you links to thousands of related cases. Updated as new decisions are released, the book will save you time and money by letting you put your finger on controlling case law. Subscriptions available annually (best value – two free months) or monthly. Review the Table of Contents and a sample chapter.

November 9, 2022

Free, Helpful Information About the Williamson County, Tennessee Court System

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

BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals. Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county. Each database is set up in the same format for ease of use.

For example, click on the link for Williamson County. The opening page will give you population and demographic information for the county. The “Court Clerks and Related Information” has contact information for each court clerk, the clerks’ websites, the local rules of court, e-filing information, docket information, and filing fee information for all courts.

The “Judges” tab has biographical and contact information for all judges in the county.

November 7, 2022

Tennessee HCLA Case Dismissed under Statute of Limitations.

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

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital.

In Jackson v. Vanderbilt University Medical Center, No. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn. Ct. App. Oct. 31, 2022), patient was hospitalized at defendant hospital from August 7-24, 2020. During his time there, he “began developing skin breakdowns and pressure ulcers[.]” When patient was discharged on August 24, 2020, he was told to follow up with his primary care physician, but on September 3, patient was taken to a wound treatment center. Patient was later treated at defendant’s trauma center.

November 5, 2022

Justice Programs Seminar Offerings – 2022

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

Penny White, Joe Riley and I will be hosting our annual 15-hour seminar program again the Fall. The program will be held in-person in Knoxville (Dec. 8-9) and Memphis (Dec. 15-16).

Each program provides the fifteen (15) hours required CLE and includes three (3) hours of ethics/ professionalism/dual credit on Friday afternoon. You may register for both days (15 hours), one and a half days (11 hours), one day (7.5 hours), or one-half day (4 hours). Click here for a listing of the topics addressed at the seminar.

We will also be offering the same 15 hours of CLE via video. Those interested in remote learning can purchase all fifteen hours, individual hours, or bundles of hours.

November 4, 2022

Free, Helpful Information About the Wayne County, Tennessee Court System

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

BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals. Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county. Each database is set up in the same format for ease of use.

For example, click on the link for Wayne County. The opening page will give you population and demographic information for the county. The “Court Clerks and Related Information” has contact information for each court clerk, the clerks’ websites, the local rules of court, e-filing information, docket information, and filing fee information for all courts.

The “Judges” tab has biographical and contact information for all judges in the county.

November 2, 2022

Free, Helpful Information About the Montgomery County, Tennessee Court System

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

BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals. Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county. Each database is set up in the same format for ease of use.

For example, click on the link for Montgomery County. The opening page will give you population and demographic information for the county. The “Court Clerks and Related Information” has contact information for each court clerk, the clerks’ websites, the local rules of court, e-filing information, docket information, and filing fee information for all six courts.

The “Judges” tab has biographical and contact information for all ten judges in the county.

October 31, 2022

Exclusion of HCLA expert based on locality rule affirmed.

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

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

In Jackson v. Thibault, No. E2021-00988-COA-R3-CV, 2022 WL 14162828 (Tenn. Ct. App. Oct. 25, 2022), the patient underwent a hysterectomy at a hospital in Kingsport, Tennessee. Complications arose during the surgery, and the patient later went into septic shock and died. Plaintiff, who was the administrator of the patient’s estate, brought this HCLA suit alleging negligence against a number of medical providers related to the patient’s care.

October 31, 2022

Appeal under Tennessee Public Protection Act ruled untimely.

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

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”

In Laferney v. Livesay, No. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. Ct. App. Oct. 25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. The libel defendants filed motions to dismiss pursuant to the TPPA, which the trial court granted on December 10, 2020. The trial court also found that “the TPPA requires an award of attorney’s fees when an action is dismissed under that chapter” and it asked the prevailing parties’ attorneys to submit fee affidavits within fifteen days of the entry of the dismissal order. The trial court then entered an order awarding some attorneys’ fees on March 5, 2021, then due to some late filing, entered another order regarding attorneys’ fees on June 24, 2021. Plaintiff appealed the TPPA dismissal from that June 24^th order.

October 26, 2022

Free, Helpful Information About the Robertson County, Tennessee Court System

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

BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals. Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county. Each database is set up in the same format for ease of use.

For example, click on the link for Robertson County. The opening page will give you population and demographic information for the county. The “Court Clerks and Related Information” has contact information for each court clerk, the clerks’ websites, the local rules of court, e-filing information, docket information, and filing fee information for all six courts.

The “Judges” tab has biographical and contact information for all eight judges in the county.