When a potential personal injury defendant dies after an alleged tort, the survival statute will extend the running of the statute of limitations “for a maximum of six months from the date of the death of the tortfeasor or until a personal representative has been appointed.” The fact that a…
Articles Posted in Civil Procedure
Waiver of Attorney-Client Privilege
When a plaintiff asserts the discovery rule as a response to a statute of limitations defense, some documents covered by the attorney-client privilege may become discoverable. In Outpost Solar, LLC v. Henry, Henry & Underwood, P.C., No. M2016-00297-COA-R9-CV (Tenn. Ct. App. Dec. 29, 2017), “two companies brought suit against their…
ACTL White Paper on Attorney-Client Privilege
The American College of Trial Lawyers recently released on white paper on attorney-client privilege. The paper updates an earlier publication on the subject. The paper is an excellent summary of the law in this area, and is especially helpful to those of us in smaller states that have a less…
Rule 60.02 Motion Denied As Untimely
A Rule 60.02 motion to set aside the final judgment in a Tennessee wrongful death action was deemed untimely when filed almost twenty months after the order of dismissal. In Hussey v. Woods, No. W2014-01235-SC-R11-CV (Tenn. Dec. 18, 2017), decedent and Ms. Harris had a long-term relationship but were never…
Deadline for Filing Suit Not Extended Due to Temporary Guardianship
A temporary order granting a guardianship that had apparently expired by the time of the injury at issue does not meet the standard for proving that an injured party had been “adjudicated incompetent” for the purpose of tolling a statute of limitations. In Caudill v. Clarksville Health System, GP, No.…
Default Judgment in Injury Case Requires Hearing on Damages
After obtaining a default judgment on claims for conversion and malicious prosecution, a plaintiff must “prove the extent of her claimed damages,” and defendant should be given “an opportunity to rebut her evidence or present evidence of his own on the question of damages for those claims before entering a…
Tennessee Court Explains Duty to Supplement Discovery and Expert Testimony
A party’s failure to supplement its discovery responses or deposition testimony can result in a jury verdict for that party being vacated. For businesses, this duty to supplement may include the testimony of its employees. In Collier v. Roussis, No. E2016-01591-COA-R3-CV (Tenn. Ct. App. Aug. 7, 2017), a minor filed…
Serving Rule 11 Motion on Opposing Counsel Not Considered “Process” for Abuse of Process Claim
In Montpelier v. Moncier, No. E2016-00246-COA-R3-CV (Tenn. Ct. App. June 1, 2017), the Tennessee Court of Appeals affirmed dismissal of an abuse of process claim. The background of this case was fairly unique, as it involved attorneys suing another attorney due to defendant attorney’s actions in an underlying case. Plaintiff…
Jury Verdict For Defendant Affirmed in Brentwood Car Wreck Case
In Higgs v. Green, No. M2016-01369-COA-R3-CV (Tenn. Ct. App. May 11, 2017), the Court of Appeals affirmed a jury verdict for defendant in a car accident case. Plaintiff and defendant were involved in a two-car accident in Brentwood. “The accident occurred as Defendant was making a left-hand turn across Plaintiff’s…
Forum Non Conveniens in Tennessee Personal Injury Cases
In J. Alexander’s Holdings, LLC v. Republic Services, Inc., No. M2016-01526-COA-R3-CV (Tenn. Ct. App. May 12, 2017), the Court of Appeals affirmed dismissal based on the ground of forum non conveniens. Plaintiff restaurant had contracted with defendant for waste removal at some of its locations. The incident from which this…