The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Smith 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 Smith County court system.
A premises liability plaintiff who had no evidence that defendant construction company controlled the area where she fell did not survive summary judgment.
In Brooks v. Whaley Construction, LLC, No. E2023-00711-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff walked in a grass median after having car trouble. While walking, he tripped on a signpost that had been cut down to one foot, injuring himself. Defendant construction company was working on a project in the area and had a portion of the median blocked off with a silt fence. The signpost was outside the silt fence.
Plaintiff filed this premises liability suit, and defendant filed a motion for summary judgment. Defendant presented a declaration from its superintendent stating that the only area at the site that was within defendant’s control was the area within the silt fence, and that defendant’s project did not involve creation or removal of the signpost. Plaintiff responded to the summary judgment by filing his own declaration stating that there appeared to be construction in the area outside the silt fence. He also relied on certain documents, but those documents had not been made part of the record. At oral argument, plaintiff conceded that the relevant documents were not part of the record, and plaintiff did not have them on the day of the hearing. The trial court granted defendant summary judgment, and the Court of Appeals affirmed.
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in DeKalb 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 DeKalb County court system.
TPPA dismissal of a defamation claim related to news stories about an orthodontic business was recently affirmed.
In SmileDirectClub, Inc. v. NBCUniversal Media, LLC, No. M2021-01491-COA-R3-CV (Tenn. Ct. App. Sept. 19, 2024), plaintiff teledentistry business offered teeth straightening services. The business model operated on minimal dentist/orthodontist involvement, and therefore cost significantly less than traditional braces. Defendant news organization published an online article and a television news story that included claims that some of plaintiff’s clients had experienced painful problems and suffered permanent damage. The news story asserted that employees told customers that the initial visit with a dentist was not required, and it discussed a confidentiality agreement required in order to obtain a refund from plaintiff.
Based on these print and television stories, plaintiff filed defamation and Tennessee Consumer Protection Act (“TCPA”) claims against defendant. Defendant filed a petition to dismiss under the Tennessee Public Protection Act (“TPPA”), which the trial court granted. On appeal, dismissal was affirmed.
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Morgan 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 Morgan County court system.
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Scott 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 Scott County court system.
The Tennessee Court of Appeals recently ruled that public policy did not prevent an insurance company from bringing a legal malpractice claim against its insured’s attorney as the subrogee of the insured.
In Westport Insurance Corporation v. Howard Tate Sowell Wilson Leathers & Johnson, PLCC, No. M2023-01168-COA-R3-CV (Tenn. Ct. App. Sept. 18, 2024), plaintiff was the insurance carrier for a company called Brands. A truck driver’s Kentucky-based employer hired Brands to perform a driver history report before hiring the driver. Brands pulled three years of driving records and reported that the record was clean. Had they pulled five years, however, they would have found the driver’s accident history. The driver was hired by the company and was later involved in a serious car accident in Tennessee.
Multiple lawsuits were filed in relation to this car accident, and Brands was named as a defendant. Plaintiff insurance company was Brands’ liability insurance carrier. Plaintiff hired defendant law firm to represent Brands in the underlying suits, and defendant agreed to abide by Plaintiff’s litigation guidelines. At one point an attorney from defendant firm performed initial research into the defense of lack of personal jurisdiction, but that research was abandoned, as the attorney believed it was not a viable defense. Defendant never discussed the personal jurisdiction defense with plaintiff or Brands. Defendant eventually filed a motion to dismiss based on lack of duty. Defendant advised Brands that if the motion was not granted, settlement was advised.
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Overton 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 Overton County court system.
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Grainger 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 Grainger County court system.
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Macon 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 Macon County court system.
