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Day on Torts

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Court of Appeals reverses its overturning of bench verdict in pedestrian knock down case.

Where the trial court found the plaintiff more credible in a bench trial surrounding a pedestrian accident, the Supreme Court vacated the Court of Appeals opinion overturning a finding for the plaintiff on her negligence claim. The Court of Appeals subsequently affirmed the negligence ruling, but it vacated the allocation…

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No negligence in home sale where seller did not know about sinkhole.

Where the seller of real property was found not liable for negligent misrepresentation, the trial court’s finding of liability for negligence was reversed, as “a seller’s liability for the failure to disclose such material facts in a real estate transaction is coextensive with a party’s liability for fraudulent or negligent…

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Pickett 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 Pickett 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,…

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Healthcare liability case barred by statute of repose.

  In a Tennessee health care liability (HCLA)d case based on the defendants’ failure to disclose CT scan results to the plaintiffs, the plaintiffs could not rely on fraudulent concealment to toll the statute of repose where the defendants were unaware of the undisclosed test results. The plaintiff patient in…

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Municipal traffic ticket did not extend statute of limitations for car accident case.

Where the defendant in a car accident case received several citations for violations of city traffic laws, the statute of limitations was not extended to two years because the citations were civil in nature, not criminal. In Sandridge v. Henderson, No. W2024-00242-COA-R10-CV (Tenn. Ct. App. Dec. 19, 2024), the plaintiff…

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Van Buren 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 Van Buren 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…

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Fraudulent misrepresentation by homebuilder affirmed.

A finding of fraudulent misrepresentation against a homebuilder was affirmed based on the builder’s misrepresentations about his qualifications. In Ferguson v. M. Brown Construction, Inc., No. M2022-01637-COA-R3-CV (Tenn. Ct. App. Dec. 27, 2024) the plaintiff hired defendant Timothy Brown to build a custom home.  The defendant assured the plaintiff he…

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Moore 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 Moore 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,…

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Hancock 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 Hancock 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,…

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Lake 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 Lake 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,…

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