Day on Torts

December 23, 2022

Cases Pending Before the Tennessee Supreme Court – 2022 Wrap-Up

As 2022 comes to a close, here is a brief summary of the cases pending before the Tennessee Supreme Court.

There are twenty civil cases pending before the Court. The “oldest” pending cases (calculated from the date of oral argument) are Gardner and Ultsch – both cases were argued April 6, 2022. Review of the Mathes case was just accepted December 15. Click here for a full list of pending civil cases, the subject matter involved, and their status.

There are ten criminal cases pending before the Court. The “oldest” pending cases (once again calculated from the date of oral argument) are Forest and Lyons – both cases were argued April 6, 2022. Review of the Dotson case was granted October 25. Click here for a full list of pending civil cases, the subject matter involved, and their status.

December 21, 2022

Free, Helpful Information About the Shelby 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 Memphis and Shelby 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.

December 19, 2022

Free, Helpful Information About the Lawrence 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 Lawrence 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.

December 17, 2022

Online Tennessee CLE!

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

Tennessee Justice Programs provides 15 hours of on-demand continuing legal action for Tennessee lawyers. Penny White, Joe Riley, and I speak on a variety of subjects of interest to Tennessee trial lawyers who do civil trial work. Reduced rates available for those who purchase multiple courses. Fifteen hours of CLE credit are available for $550.

Click here for a listing of the topics addressed at the seminar.

Check out the Justice Programs website to learn more.

December 14, 2022

Free, Helpful Information About the Hickman 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 Hickman 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.

December 14, 2022

Free, Helpful Information About the Giles 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 Giles 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.

December 12, 2022

Bench trial verdict for plaintiff in truck wreck case based largely on credibility affirmed.

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

Where the trial court found plaintiff 25% at fault and defendant 75% at fault in a negligence case related to a crash between a car and tractor trailer, the Court of Appeals affirmed the verdict for plaintiff.

In Kindred v. Townsend, No. W2021-01481-COA-R3-CV (Tenn. Ct. App Dec. 7, 2022), plaintiff filed this negligence suit against defendant and defendant’s employer based on a motor vehicle accident. Defendant was driving a tractor trailer while employed by defendant employer, and she turned left at an intersection. There was contradictory testimony regarding whether the traffic light was giving a green turn signal, a yellow turn signal, or a permissive green light when defendant began her turn. Plaintiff was approaching from the opposite direction and was not yet to the intersection when the light for her lane turned green. She proceeded through the light without slowing down, and her car and defendant’s tractor trailer collided.

December 12, 2022

Justice Programs Seminar – Memphis December 15 and 16

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

Penny White, Joe Riley and I will be hosting our annual 15-hour seminar program Memphis on December 15 and 16, 2022.

The 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.

December 8, 2022

TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.

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

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit.

In Adamson v. Grove, No. M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn. Ct. App. Nov. 30, 2022), plaintiff filed a complaint against defendants asserting claims for defamation, invasion of privacy, and intentional interference with business relations. Six weeks after filing the complaint and prior to defendants filing an answer or other pleading, plaintiff filed a notice of voluntary dismissal pursuant to Rule 41.01, and the trial court entered an order dismissing the case without prejudice four days later.

More than two weeks after the order of dismissal was entered, defendants filed a “combined motion to alter or amend and petition to dismiss with prejudice pursuant to the Tennessee Public Participation Act” (TPPA). Defendants asserted that the TPPA applied to this action, that the TPPA gave defendants 60 days from receipt of the complaint to file their petition for dismissal, and that defendants had a vested right to seek dismissal with prejudice and sanctions under the TPPA. After several replies and responses, the trial court ultimately agreed with defendants and granted the petition for dismissal with prejudice. The trial court also awarded defendants $15,000 in attorney fees and $24,000 in sanctions. These rulings were reversed and vacated on appeal.

December 5, 2022

Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

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

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. Further, where the fraud was related to the purchase of plaintiff’s home, and the jury awarded plaintiff the amount she paid for the home in compensatory damages, that award was affirmed.

In Hogue v. P&C Investments, Inc., No. M2021-01335-COA-R3-CV, 2022 WL 17175608 (Tenn. Ct. App. Nov. 23, 2022), the issues revolved around plaintiff’s purchase of a home. Although several defendants were named in the suit, the defendant at issue in this appeal was the real estate agent for the LLC that sold the home. He was also the husband of the person who operated the LLC that sold the home, and he “was involved in the process of making improvements and renovations to the property.” While showing the home to plaintiff’s sister and father, defendant was asked about shoe molding that was missing in the basement, and he responded that the owner would be willing to put that in. He also showed the sister and father a new sump pump located in the garage, and he mentioned that a French drain in the back yard was part of what helped take water out of the parking area. According to plaintiff’s sister and father, defendant did not mention anything about the basement flooding. Defendant, on the other hand, testified that he told plaintiff’s sister and father that the house had experienced three water intrusions but that there had been none since the drainage ditch was installed.