Tennessee' Tag Archives

February 8, 2012

Damage Awards Decline Substantially in Tennessee Tort Cases

Tennessee jury verdicts were down substantially in 2010-11, according to data released by the Tennessee Administrative Office of the Courts.

Total damages awarded in tort cases in state court were only $32,051,326, down by a little over 60% from a year earlier, when the total damages awarded was over $91,000,000. These numbers include jury and non-jury cases.

The average verdict or judgment was $168,691, down over 600% from a year earlier, when the average verdict was over $400,000. The average verdict includes only those trials in which the fact-finder returned an award of money damages. It does not include defense or no-money awards.

June 1, 2010

Tennessee Municipal Codes and Charters

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

The University of Tennessee Institute for Public Service, Municipal Technical Advisory Service, has a collection of municipal codes and charters of most of the cities in Tennessee.

April 26, 2010

FHWA Adopts the 2009 Manual on Uniform Traffic Control Devices

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

The Federal Highway Administration has ruled that the 2009 Edition of the Manual on Uniform Traffic Control Devices must be adopted by the states as their legal standard for traffic control devices within two years. Here is an excerpt of the Federal Register discussing the rule change.

The MUTCD contains all national design, application, and placement, standards, guidance, options, and support provisions for traffic control devices. The purpose of the MUTCD is to provide uniformity of these devices, which include signs, signals, and pavement markings, to promote highway safety and efficiency on the Nation’s streets and highways. The MUTCD is adopted by reference in accordance with Title 23, United States Code, Section 109(d) and Title 23, Code of Federal Regulations, Part 655.603, and is the national standard for all traffic control devices installed on any street, highway, or bicycle trail open to public travel.

The 2009 edition supersedes all previous editions and revisions of the MUTCD. Here is the PDF version. There is already a change proposed to the 2009 edition.

January 29, 2010

Tennessee Adult Protection Act

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

The Tennessee Adult Protection Act, T. C. A. Sec. 71-6-101 et seq, creates civil action for compensatory and, as appropriate, punitive damages when "adults" covered by the act are victims of abuse or neglect, sexual abuse or exploitation and for theft of money or property whether by fraud, deceit, coercion or otherwise. Those covered by the Act fall within this definition of adult:

“Adult” means a person eighteen (18) years of age or older who because of mental or physical dysfunctioning or advanced age is unable to manage such person’s own resources, carry out the activities of daily living, or protect such person from neglect, hazardous or abusive situations without assistance from others and who has no available, willing, and responsibly able person for assistance and who may be in need of protective services; provided, however, that a person eighteen (18) years of age or older who is mentally impaired but still competent shall be deemed to be a person with mental dysfunction for the purposes of this chapter

The Act also permits recovery of attorneys’ fees in certain circumstances.