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Day on Torts

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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…

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Lewis 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 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,…

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Premises liability summary judgment based on contractor exception overturned.

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,…

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Meigs 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 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,…

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Grundy 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 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,…

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Directed verdict affirmed – no causation, no expert

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…

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Stewart 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 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,…

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Nursing home arbitration agreement ruled a healthcare decision. 

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,…

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Crockett 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 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,…

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No wrongful foreclosure cause of action in Tennessee.

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…

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