Day on Torts

December 20, 2024

TPPA petition to dismiss not affected by nonsuit where defendant also filed motion for summary judgment.

Where defendant had filed both a TPPA petition to dismiss and a motion for summary judgment, plaintiff was not allowed to voluntarily dismiss the action against that defendant.

In Garramone v. Dugger, No. M2023-00677-COA-R3-CV (Tenn. Ct. App. Nov. 25, 2024), plaintiff filed a false light invasion of privacy claim against defendants based on events that occurred when plaintiff ran for re-election as a city commissioner. According to plaintiff, defendants were involved in creating a website that alleged plaintiff had been given a free pass on drinking and driving and speeding because she was a commissioner.

Defendant Curtsinger and Defendant Patrick both filed petitions to dismiss under the Tennessee Public Participation Act. Defendants asserted that the claim was related to their exercise of free speech. Defendant Patrick also filed a motion for summary judgment.

December 19, 2024

Lewis County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

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

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Lewis 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 Lewis County court system.

December 18, 2024

Premises liability summary judgment based on contractor exception overturned.

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

Where the decedent was an independent contractor who died when a lifting mechanism in the factory failed, there were questions of fact regarding whether the defendant company owed a duty to the decedent, so summary judgment for the defendant company was reversed.

In Lowe v. Bridgestone Americas Tire Operations, LLC, No. M2023-01774-COA-R3-CV (Tenn. Ct. App. Nov. 21, 2024), the decedent was employed by Cumberland Machine Company and worked as a millwright. Cumberland and the defendant were separate entities, but Cumberland had a space inside the defendant’s plant, which is where the decedent worked. The decedent’s job included clearing clogged vent holes in 2,000+ pound tire molds. While flipping a mold pursuant to the defendant’s process, the mold fell onto the decedent, seriously injuring him. The decedent later died of his injuries.

The decedent’s wife filed this premises liability/wrongful death case against the defendant. The defendant filed a motion for summary judgment, asserting that it owed no duty to the decedent and that the plaintiff’s exclusive remedy was workers’ compensation. While the trial court denied summary judgment based on the workers’ compensation argument, it agreed that the defendant owed no duty to the decedent. On appeal, summary judgment based on the lack of duty was reversed.

December 17, 2024

Meigs County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

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

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Meigs 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 Meigs County court system.

December 12, 2024

Grundy County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

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

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Grundy 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 Grundy County court system.

December 11, 2024

Directed verdict affirmed – no causation, no expert

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

A pro se plaintiff without expert evidence could not support her claim that her car was repaired negligently.

In Jiang v. Furness d/b/a Premium Auto Repair, No. M2023-01554-COA-R3-CV (Tenn. Ct. App. Nov. 19, 2024), the plaintiff had her car repaired by the defendant and subsequently suffered damages. She then filed suit for negligence and violations of the Tennessee Consumer Protection Act (TCPA). At the close of the plaintiff’s proof during a jury trial, the trial court granted a directed verdict to the defendant on both claims. That ruling was affirmed on appeal.

To prove negligence, a plaintiff must have evidence of causation. The plaintiff attempted to introduce three exhibits at trial. The window sticker from when she purchased her car and the repair bill was allowed into evidence. The third exhibit, however, contained hearsay and was not permitted. The plaintiff did not call any expert witnesses to testify on her behalf. Both the trial court and the Court of Appeals agreed that even considering the evidence in the light most favorable to the plaintiff, “[a] reasonable juror could not find causation from this window sticker and repair bill.” (internal citation omitted).

December 10, 2024

Stewart County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

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

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Stewart 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 Stewart County court system.

December 9, 2024

Nursing home arbitration agreement ruled a healthcare decision.

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

Where decedent’s daughter was her attorney-in-fact but did not have the authority to make health care decisions, an arbitration agreement signed by the daughter in conjunction with decedent’s nursing home admission that specifically stated that it was a health care decision was not enforceable.

In Buchanan v. Franklin Operating Group, LLC, No. M2022-01017-COA-R9-CV (Tenn. Ct. App. Nov. 19, 2024), plaintiff filed a negligence and wrongful death suit on behalf of her mother, who passed away while at defendant nursing home. In 2015, decedent had executed a power of attorney (“POA”) naming her daughter attorney-in-fact. This POA specifically stated that the daughter did not have the authority to make medical or healthcare decisions.

In 2018, decedent was admitted to defendant nursing home, and her daughter filled out the paperwork. One document executed by the daughter was an arbitration agreement, which stated that it was not required for admission and also that “the signing of this Agreement, both by conjunction with the corresponding admission and receipt of services, is a health care decision.”

December 5, 2024

Crockett County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

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

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Crockett 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 Crockett County court system.

December 4, 2024

No wrongful foreclosure cause of action in Tennessee.

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

Tennessee does not recognize a common law cause of action for wrongful foreclosure.

In Case v. Wilmington Trust, N.A., No. E2021-00378-SC-R11-CV, — S.W.3d — (Tenn. Nov. 14, 2024), the Tennessee Supreme Court held that there is no tort for wrongful foreclosure in Tennessee. In the underlying case, plaintiff alleged that defendant failed to give required written notice when the foreclosure sale for plaintiff’s home was postponed. Plaintiff filed a complaint asserting several causes of action, but only appealed the trial court’s grant of summary judgment on the tort claim of wrongful foreclosure.

The Court of Appeals agreed with plaintiff that notice was required, and it reversed summary judgment on the wrongful foreclosure claim. The Supreme Court, however, ruled that no such claim exists in Tennessee.