Where plaintiff brought a tort action against defendant based on defective products made pursuant to a contract between the parties, dismissal based on the economic loss doctrine was affirmed. In Vidafuel, Inc. v. Kerry, Inc., No. M2024-00041-COA-R3-CV (Tenn. Ct. App. Nov. 4, 2024), the plaintiff developed and distributed wellness…
Day on Torts
Wayne County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Wayne 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,…
Malicious prosecution claim dismissed under TPPA.
Where plaintiff did not have evidence that an ethics complaint filed with the real estate commission by defendant was decided on the merits and due to plaintiff’s innocence, plaintiff’s malicious prosecution claim should have been dismissed pursuant to defendant’s TPPA petition. In Gersper v. Turner, No. M2022-01136-COA-R3-CV (Tenn. Ct. App.…
Polk County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Polk 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,…
Common knowledge exception did not apply to HCLA transport case.
Plaintiff’s HCLA claim that defendant medical facility failed to advise a transportation service of his mobility issues required expert medical proof. In Dickerson v. United Medical Transportation LLC, No. W2023-01084-COA-R3-CV (Tenn. Ct. App. Oct. 23, 2024), plaintiff had been a patient at defendant medical facility. Upon plaintiff’s discharge, defendant arranged…
Chester County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Chester 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,…
Haywood County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Haywood 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,…
Truck stop had no duty to driver turning from city road.
Where decedent was killed in a car accident that occurred when a driver on a city-controlled street was turning into defendant truck stop, the truck stop did not owe a duty of care to the decedent. In Mershon v. HPT TA Properties Trust, No. M2023-01334-COA-R3-CV (Tenn. Ct. App. Oct. 11,…
Johnson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Johnson 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,…
Summary judgment affirmed in car wreck caused by road washout and sinkhole
Where plaintiff did not have sufficient evidence of notice of the washout and sinkhole on a road, summary judgment for the county was affirmed. In Roberts v. Carter, No. W2023-01316-COA-R3-CV (Tenn. Ct. App. Oct. 7, 2024) (memorandum opinion), plaintiff filed suit after having a car accident on a county road…