Where an HCLA plaintiff failed to provide deposition dates for her expert witness by the deadline listed in the scheduling order, but she filed a motion to revise the scheduling order on the day of the deposition deadline, exclusion of the plaintiff’s expert was too harsh a sanction and was…
In a negligence case, a brief reference to the lottery during opening statements and an unintentional mention of employment benefits that paid partial wages during the plaintiff’s time off work were not enough to require overturning the jury verdict for defendant. In Campbell v. T.C. Restaurant Group, LLC, No. M2024-00362-COA-R3-CV…
When an amended answer asserted comparative fault against the city, which had previously been a party but had been voluntarily dismissed before the amended answer was filed, the plaintiff was allowed to add the city as a defendant within ninety days of the comparative fault allegation under Tenn. Code Ann.…
Because an HCLA (Medical Malpractice) plaintiff is required to prove the elements of his claim through expert testimony, summary judgment was affirmed after the trial court applied the cancellation rule to plaintiff’s expert’s conflicting testimony regarding damages. In Simmons v. Islam, No. M2023-01698-COA-R3-CV (Tenn. Ct. App. Dec. 3, 2024), the…
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…
On Wednesday, December 4, 2025, the Tennessee Supreme Court heard an oral argument about the ability of a plaintiff to discover surveillance films a defendant took. Here is how the Court described the background of the case: Plaintiffs/Appellants Teresa and Randy Locke filed a health care liability action alleging that…
Where the trial court dismissed plaintiff’s claims against her uninsured motorist insurance carrier without stating any reason for the dismissal, the dismissal was vacated. In Saulsberry v. Shannon, No. W2023-00532-COA-R3-CV (Tenn. Ct. App. Nov. 18, 2024) (memorandum opinion), the plaintiff filed suit against several defendants in connection with a car…
The Tennessee Supreme Court has affirmed that the filing of a TPPA petition to dismiss by a defendant does not bar a plaintiff from voluntarily dismissing a case. In Flade v. City of Shelbyville, — S.W.3d —, No. M2022-00553-SC-R11-CV (Tenn. Oct. 9, 2024), plaintiff filed suit against several defendants asserting…
A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred. In Abdou v. Brown, No. 2023-01593-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass.…
Where a premises liability defendant failed to file an answer and first participated in the case seven years after it was commenced, denial of his motion to set aside the default judgment was affirmed. In Crutcher v. Ellis, No. M2023-00283-COA-R3-CV (Tenn. Ct. App. June 4, 2024), plaintiff was shot at…