Where plaintiff’s HCLA claims were based upon medical care he received while incarcerated, and his only medical expert had never practiced or studied medical care for incarcerated persons, summary judgment for defendant was affirmed.

In Higgins v. CoreCivic, Inc., No. E2022-01101-COA-R3-CV (Tenn. Ct. App. Oct. 23, 2023), plaintiff fell from the top bunk while he was incarcerated and suffered severe injuries. Plaintiff alleged that he should have been given seizure medication and a bottom bunk based on his history of seizures. Plaintiff also asserted that he was injured while being transported from the hospital back to the correctional facility. Plaintiff’s injuries all occurred in April 2017.

Plaintiff brought claims against three defendants in May 2018, including CoreCivic who operated the facility under a contract with Hamilton County, CCS who provided medical treatment to inmates through a contract with CoreCivic, and Hamilton County who ultimately owned the facility. Defendants filed for summary judgment, which the trial court granted on various grounds, all of which were affirmed on appeal.

A disabled person’s conservator had the authority to enter into a consent agreement releasing the person’s HCLA claims against a doctor without approval from the probate court.

In Hamilton v. Methodist Healthcare Memphis Hospitals, No. W2022-00054-COA-R3-CV (Tenn. Ct. App. Oct. 16, 2023), plaintiff filed an HCLA suit as conservator on behalf of a disabled 24-year-old patient. In the original suit, plaintiff conservator named multiple defendants, including a doctor and defendant hospital. All claims against the hospital were based on its vicarious liability for the actions of the doctor.

At the end of a jury trial, the jury was unable to come to a unanimous verdict, and plaintiff conservator was granted a mistrial. The conservator thereafter entered into a consent agreement with the doctor whereby she agreed not to name the doctor as a defendant in any subsequent suit in exchange for the doctor not pursuing discretionary costs related to him being voluntarily dismissed from the original suit. The same day the consent agreement was signed, plaintiff refiled the HCLA claim against the hospital, naming the hospital as the sole defendant and alleging that it was vicariously liable for the actions of the doctor.

Where defendant received a citation for violating a Tennessee municipal ordinance in a car accident, the one-year statute of limitations applied. The limitations period was not extended to two years under Tenn. Code Ann. § 28-3-104(a)(2) because the municipal code violation was not a criminal charge or criminal prosecution.

In Peterson v. Carey, No. E2022-01656-COA-R3-CV (Tenn. Ct. App. Oct. 23, 2023), plaintiff was injured when he was in a car accident while riding as a passenger in defendant’s vehicle. After the accident, defendant received a citation for violating a municipal code, which carried a maximum fine of $50.

Plaintiff filed this action more than one year after the date of the accident, and after an initial appeal and remand, the trial court considered plaintiff’s argument that the statute of limitations was extended to two years under Tenn. Code Ann. § 28-3-104(a)(2). The trial court ruled that the two-year extension did not apply here because the code violation was civil in nature rather than criminal, and it therefore granted summary judgment to defendant. On appeal, this ruling was affirmed.

Where a plaintiff’s negligence claim against a city was based on a Tennessee city’s failure to inspect the LED lights on a crosswalk sign, the city retained immunity under the GTLA and summary judgment was affirmed.

In Packard v. Bentley, No. E2022-00982-COA-R3-CV (Tenn. Ct. App. Oc.t 23, 2023), plaintiff filed suit against several defendants, including the city of Gatlinburg, after he was hit by a car while using a crosswalk in Gatlinburg. The crosswalk and road were owned by the State, but the city owned a crosswalk sign on the side of the road. After a similar incident many years prior, the city had added LED lights to the sign, but the lights were not operational at the time of plaintiff’s accident.

The city filed a motion for summary judgment, which the trial court granted on three grounds. The Court of Appeals affirmed summary judgment, ruling that the city retained its immunity under the GTLA in this case.

Where the trial court found in a bench trial that plaintiff was 20% at fault for a motor vehicle accident and the bus driver was 80% at fault, that ruling was affirmed based on the testimony of the witnesses and findings of fact of the trial judge.

In Cook v. Jefferson County, Tennessee, No. E2022-01537-COA-R3-CV (Tenn. Ct. App. Oct. 12, 2023), plaintiff was seriously injured and totaled his car when he crashed into a bus on a foggy morning. The accident occurred in a school zone, and the bus was stopped across two lanes of traffic, blocking both lanes, as it attempted to turn left out of the school exit.

Defendant presented testimony from an accident reconstructionist who opined that plaintiff had been traveling 15-20 miles over the 25 mile per hour school zone speed limit when he first began braking, and that plaintiff was the cause of the accident. On cross examination, however, the expert admitted that, due to the foggy conditions, plaintiff would not have been able to stop in time to avoid an accident even if he had not been speeding.

Where an HCLA pre-suit notice was sent by decedent’s mother, but the notice failed to mention decedent’s two minor children who were the proper parties to bring the action, the trial court should have granted defendant hospital’s motion to dismiss.

In Denson v. Methodist Medical Center of Oak Ridge, No. E2023-00027-COA-R9-CV (Tenn. Ct. App. Oct. 12, 2023), decedent died of cardiac arrest shortly after being discharged from defendant hospital. Decedent had two minor children who were then placed with their maternal grandmother (decedent’s mother), and the grandmother was named the temporary custodian of the children.

The grandmother sent pre-suit notice of an HCLA claim to defendants, which listed the grandmother as the claimant. The pre-suit notice did not mention the minor children. The grandmother then filed this HCLA suit as “Decedent’ mother and next friend and individually,” and in the complaint, she alleged for the first time that she was bringing the suit “on behalf of…decedent’s surviving minor children…as Grandmother and Legal Guardian.”

Plaintiff’s argument that defendant was equitably estopped from asserting a statute of limitations defense based on vague statements by defendant’s insurance carrier adjuster that a limitations defense would not be raised and that there was no rush in providing releases was rejected.

In Barrett v. Garton, No. M2022-01064-COA-R3-CV (Tenn. Ct. App. Oct. 6, 2023), plaintiff was injured in a car accident with defendant. Plaintiff filed suit within the one-year statute of limitations, but she failed to have service issued at the time of the filing or within one year thereafter. Defendant accordingly moved for summary judgment based on the statute of limitations, which the trial court granted after rejecting plaintiff’s argument that defendant should be equitably estopped from asserting a statute of limitations defense. This ruling was affirmed on appeal.

Tenn. R. Civ. P. 3 states that filing a complaint commences an action, “but if no process is issued upon the filing of the complaint, the plaintiff must issue process within one year from the filing of the complaint to rely on the filing of the complaint to toll the statute of limitations.” It was undisputed that plaintiff had failed to have process issued within a year of filing her complaint, but she argued that defendant should be equitably estopped from asserting a timeliness defense based on statements made by defendant’s insurance carrier.

You have undoubtedly read about (and perhaps even used)  a personal vehicle sharing program (also known as a peer-to-peer car sharing program) like Turo, which allows you to rent another person’s car for a defined period of time.  Turo puts car owners together with people who have a short-term need for a vehicle.  Need a 2018 Porsche Macan in Chicago?  $312, unlimited miles.

But what happens if the driver of that vehicle causes a wreck?  Does the car owner’s liability insurance apply?  Is there liability on behalf of Turo?  Does the liability insurance of the driver apply?

And what if the wreck is caused by the driver of another vehicle?  Does the UM/UIM coverage on the shared vehicle apply?   Or will coverage be denied because the car owner received money for sharing the vehicle?

Statements made in a meeting between defendant hospital and decedent’s family were not privileged and did not fall under the QIC statute.

In Castillo v. Rex, No. E2022-00322-COA-R9-CV (Tenn. Ct App. Oct. 4, 2023), plaintiff filed an HCLA suit after the death of her husband. Her husband died shortly after he was discharged from defendant hospital’s emergency room. The hospital held a Quality Improvement Committee (“QIC”) proceeding to investigate the care decedent received. Sometime thereafter, representatives from defendant hospital met with members of decedent’s family at a CANDOR meeting, where “Plaintiff was advised that Decedent should not have been discharged because the CT scan revealed a bleed.”

During depositions in the HCLA case, defense counsel instructed a physician not to answer questions about statements made at the CANDOR meeting. When plaintiff requested documents used in preparation for the CANDOR meeting, defendant moved for a protective order “to prohibit further inquiry into the nature and contents of all statements made at the CANDOR meeting as direct or indirect discovery of the QIC proceeding itself.” The trial court denied the motion for a protective order, and on interlocutory appeal, that denial was affirmed.

My other blog, Practical Procedure and Evidence, has an updated post discussing the law of damages for frivolous appeal.  The post includes citations to cases where damages for frivolous appeal appeal have been granted and denied in the last four months.

Writing a brief on appeal?  Save yourself at least thirty minutes of research time checking out this blog post.

 

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