The medical community in Tennessee doesn’t want judges and juries to know how much money they make from testifying as expert witnesses. So they have persuaded two members of the General Assembly to introduce legislation that applies not only to medical doctors but to every type of expert witness.…
Articles Posted in Civil Procedure
Curb Cut for Wheelchair Ramp Held Not To Be “Dangerous Condition”
In Steele v. Primehealth Med. Center, P.C., No. W2015-00056-COA-R3-CV (Tenn. Ct. App. Dec. 22, 2015), the Tennessee Court of Appeals affirmed summary judgment for defendant in a premises liability case, “concluding that the plaintiffs presented insufficient evidence to demonstrate that the sidewalk [at issue] was unreasonably dangerous.” Plaintiff was an…
Expert Rejected. Motion to Continue Rejected. Case Dismissed.
In a case that could have only arisen in Shelby County, Weatherspoon v. Minard, No. W2015-01099-COA-R3-CV (Tenn. Ct. App. Dec. 14, 2015), the Court of Appeals affirmed a trial court’s decision to dismiss a health care liability claim after excluding the plaintiff’s expert witness five days before trial. The alleged…
HIPAA-Compliant Authorization Still Required where Defendant is only Health Care Provider at Issue
The HIPAA release required by the Health Care Liability Act and the standards for HIPAA compliance continue to be a litigated issues in this evolving area of Tennessee law. In Bray v. Khuri, No. W2015-00397-COA-R3-CV (Tenn. Ct. App. Dec. 3, 2015), plaintiff was the surviving spouse of a patient who…
2016 Rule Package Released
The Tennessee Supreme Court has sent a package of rule changes to the Tennessee General Assembly for review. The proposed changes will be sent to the judiciary committee in each house. Click on the link to see the proposals.
Plaintiff Who Turned Left on Red 50% at Fault as Matter of Law
In Hall v. Owens, No. W2014-02214-COA-R3-CV (Tenn. Ct. App. Nov. 20, 2015), the Tennessee Court of Appeals affirmed summary judgment for defendant where plaintiff ran a red light and turned in front of defendant’s truck. As plaintiff approached an intersection, he had a red arrow for turning left. Defendant was…
Judge Must Give Basis for Summary Judgment Decision
A recent Tennessee premises liability case reiterated that a trial court cannot grant summary judgment “without making findings of fact or stating the legal basis for its decision.” In McEarl v. City of Brownsville, No. W2015-00077-COA-R3-CV (Tenn. Ct. App. Nov. 6, 2015), plaintiff alleged that while walking from a private…
Summary Judgment Reversed in Conversion Case
In Garner v. Coffee County Bank, No. M2014-01956-COA-R3-CV (Tenn. Ct. App. Oct. 23, 2015), the Court of Appeals partially overturned a trial court’s grant of summary judgment to defendants on several claims, including the torts of conversion and trespass to chattels. Plaintiff and his former wife had purchased a home…
Tennessee Supreme Court Overturns Hannan Summary Judgment Standard
This week, the Tennessee Supreme Court overruled Hannan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn. 2008), “return[ing] to a summary judgment standard consistent with Rule 56 of the Federal Rules of Civil Procedure.” In Rye v. Women’s Care Center of Memphis, PLLC, No. W2013-00804-R11-CV (Oct. 26, 2015), plaintiff had…
Circumstantial Evidence and Summary Judgment
In Jenkins v. Big City Remodeling, No. E2014-01612-COA-R3-CV (Tenn. Ct. App. Sept. 29, 2015), plaintiffs had hired defendant general contractor to construct a home for them. General contractor, in turn, had hired defendant flooring subcontractor for the project. When the home was almost complete, it caught fire and resulted in…