Where plaintiff filed a premises liability claim against the State asserting that decedent’s death was caused by injuries he sustained when he fell off a sidewalk that constituted a dangerous condition, but plaintiff could not “show that the condition of the sidewalk more likely than not caused” the fall, summary…
Where plaintiffs included wife’s claim for loss of consortium in their complaint with the Tennessee Claims Commission, but the wife had not given notice of her loss of consortium claim to the Division of Claims Administration within the applicable statute of limitations, dismissal of the wife’s claim was affirmed. In…
Certain claims for personal injury, wrongful death and property damage may be asserted against the State of Tennessee, but different rules apply and there are plenty of pitfalls for those unfamiliar with the law or procedures of litigating in the Claims Commission. One such pitfall arise at the intersection of…
Where a Claims Commissioner credited the testimony of defendant’s expert over plaintiffs’ expert in a wrongful death case, the Court of Appeals affirmed the ruling. In Jones v. State of Tennessee, No. M2017-02198-COA-R3-CV (Tenn. Ct. App. July 24, 2019), plaintiffs’ son was a football player at Tennessee State University (TSU).…
Lay witness testimony should have been admitted regarding the likely source of gravel on a road after road construction, and summary judgment in this case was overturned. In Flagg v. Hudson Construction Company, No. E2017-01810-COA-R3-CV (Tenn. Ct. App. May 28, 2019), plaintiff crashed his motorcycle on a recently paved…
When a case that should have been filed with the Claims Commission was filed in circuit court and did not “pertain to the negligent operation or maintenance of any motor vehicle or any other…conveyance,” the trial court could not transfer the case to the Claims Commission and dismissal was affirmed.…
Where the Claims Commissioner’s ruling for defendant on a negligence suit did not include conclusions of law regarding both of plaintiffs’ theories, the order of dismissal was deemed deficient and was vacated by the Court of Appeals. In Kim v. State, No. W2018-00762-COA-R3-CV (Tenn. Ct. App. Feb. 26, 2019),…
A claim that a medical student was wrongly dismissed without the proper process does not fall under the jurisdiction of the Tennessee Claims Commission. In Williams v. State, No. E2017-00626-COA-R3-CV (Tenn. Ct. App. April 23, 2018), plaintiff had been dismissed from ETSU medical school, and he filed a complaint with…
In Fitzgerald v. Hickman County Government, No. M2017-00565-COA-R3-CV (Tenn. Ct. App. April 4, 2018), plaintiff brought several claims against the county and the county mayor related to his employment termination. The trial court dismissed all claims after defendants filed a motion to dismiss, and the Court of Appeals affirmed the…
The collateral source rule still applies in Claims Commission cases to bar evidence that a plaintiff actually paid a discounted amount on his or her medical expenses. In both Estate of Tolbert v. State of Tennessee, No. M2017-00862-COA-R3-CV (Tenn. Ct. App. Feb. 28, 2018) and Stevens v. State of Tennessee,…