BirdDog Law is a website that provide access to legal information that Tennessee lawyers and paralegals need to better serve their clients. It is filled with free resources that will save you time and money. Interested in knowing the fax number for the Circuit Court Clerk in Henry County? Use…
Where a child was injured at school but her parents had no evidence that the school had breached a duty of care or that an action by a school employee caused the injury, summary judgment was affirmed. In Webster v. Metropolitan Government of Nashville and Davidson County, Tennessee, No. M2018-00106-COA-R3-CV…
Intentional Interference With Contractual Relations The Case: Trau-Med of America, Inc. v. Allstate Ins. Co., 71 S.W.3d 691 (Tenn. 2002). Author: Justice William M. Barker Why it is a Blue Chipper: Trua-Med is the first Tennessee case to recognize a common law cause of action for intentional interference with contractual…
The Case: Carson v. Headrick, 900 S.W..2d 685 (Tenn. 1995). Author: Justice Riley Anderson. Why it is a Blue Chipper: Carson is the leading, current case on policemen and firemen’s rule. The bottom line: A. “The policemen and firemen’s rule precludes firefighters and police officers from recovering damages for injuries…
The case: Lavin v. Jordon, 16 S.W.3d 362 (Tenn. 2000). Author: Justice William M. Barker. Why it is a Blue Chipper: Lavin v. Jordan is the leading case on the liability of parents for the willful or malicious tortious acts of their children. It is important to note, however, that…
The case: Jordan v. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999). Author: Justice Janice M. Holder. Why it is a Blue Chipper" Jordan overruled past precedent that misread the wrongful death damages statute and permitted, for the first time, a factfinder to award damages for the loss of love,…
The case: Robinson v. LeCorps, 83 S.W.3d 718 (Tenn. 2002). Author: Justice E. Riley Anderson Why it is a Blue Chipper: Robinson made it crystal clear that a standard of care expert in a medical malpractice case may not base that testimony on a national standard of care and that…
I have not posted any blue-chip tort cases lately. There is no particular reason for my failure to do so; there has just been a good deal of other information out there to post. (For those of you who are new to this blog you can read about “blue-chippers” here.)…
McCarley v. West Quality Food Service, Inc., 960 S.W.2d 585 (Tenn. 1998) is one of my favorite blue chippers because it is a double-chipper. First, McCarley made it possible for a plaintiff to actually win a food poisoning case without having retained a sample of the product that caused the…
The Ray by Holman v. BIC Corp., 925 S.W.2d 527 (Tenn. 1996) case is a leading decision in Tennessee products liability law. Start your products liability research with this case (right after you read the Tennessee Products Liability Act). The opinion states that that Tennessee Products Liability Act provides for…