In Zink v. Rural/Metro of Tennessee, L.P., No. E2016-01581-COA-R3-CV (Tenn. Ct. App. May 2, 2017), the Court of Appeals held that plaintiff’s allegations fell within the HCLA, but that no certificate of good faith was required because the claimed negligence was “subject to the common knowledge exception.” In his complaint,…
In a recent negligence case, the Court of Appeals vacated summary judgment due to the trial court’s failure to explain the basis upon which summary judgment was granted, and it remanded the case with directions for an order that met the standards of Tennessee Rule of Civil Procedure 56.04 to…
In West v. Epiphany Salon & Day Spa, LLC, No. E2016-01860-COA-R3-CV (Tenn. Ct. App. April 25, 2017), the Court of Appeals affirmed a large remittitur in a negligence case, reducing the jury’s award by over 61%. Plaintiff had gone to defendant salon for a facial treatment in 2012. According to…
In Haynes v. Wayne County, No. M2016-01252-COA-R3-CV (Tenn. Ct. App. April 19, 2017), the Court of Appeals affirmed summary judgment, holding that the county was not liable in a wrongful death action where an inmate committed suicide shortly after his release. The decedent was 20-years-old and had been arrested for…
In Bradley v. Bishop, No. W2016-01668-COA-R3-CV (Tenn. Ct. App. Mar. 30, 2017), the Court of Appeals affirmed a jury verdict for defendants in a health care liability case. For eight years, plaintiff had been treated for a fibroid in her uterus that caused extensive bleeding. In 2012, another fibroid was…
In Battery Alliance, Inc. v. Allegiant Power, LLC, No. W2015-02389-COA-R3-CV (Tenn. Ct. App. Jan. 30, 2017), the Court vacated a summary judgment order for defendants because the trial court failed to state the legal grounds for summary judgment before asking counsel for defendants to draft an order. The facts underlying…
In Cordell v. Cleveland Tenn. Hosp., LLC, No. M2016-01466-COA-R3-CV (Tenn. Ct. App. Feb. 27, 2017), the Court of Appeals reversed dismissal in a case filed against a hospital, determining that the complaint did not contain claims covered by the HCLA and that the plaintiff was thus not required to follow…
In Rushing v. AMISUB Inc., No. W2016-01897-COA-R3-CV (Tenn. Ct. App. Feb. 8, 2017), a premises liability claim once again failed when the plaintiff had no evidence regarding how long the dangerous condition existed or who had created it. Plaintiff was walking into defendant hospital’s emergency room, and as she approached…
The United States Supreme Court recently analyzed a federal court’s “inherent authority to sanction bad-faith conduct by ordering a litigant to pay the other side’s legal fees,” holding that such an award was “limited to the fees the innocent party incurred solely because of the misconduct.” In Goodyear Tire &…
In Haynes v. Lunsford, No. E2015-01686-COA-R3-CV (Tenn. Ct. App. Feb. 2, 2017), the Tennessee Court of Appeals affirmed summary judgment for a real estate agent and agency on a misrepresentation claim where plaintiffs had access to the same information as defendants. Plaintiffs contacted defendant real estate agent, who worked for…