Where plaintiff’s HCLA claims were based upon medical care he received while incarcerated, and his only medical expert had never practiced or studied medical care for incarcerated persons, summary judgment for defendant was affirmed. In Higgins v. CoreCivic, Inc., No. E2022-01101-COA-R3-CV (Tenn. Ct. App. Oct. 23, 2023), plaintiff fell from…
What is the permitted scope of testimony of a biomechanical expert in a car crash case? The Kentucky Supreme Court has given some guidance on the issue. In Renot v. Secura Supreme Ins. Co., 2021-SC-0281-DG (Ky. June 15, 2023), plaintiff claimed injuries in a motor vehicle collision. The defendant driver settled…
In an HCLA case discovery dispute, the Tennessee Court of Appeals ruled that plaintiff’s testifying experts’ “notes, drafts, and communications with counsel” were discoverable under the Tennessee Rules of Civil Procedure and that plaintiff had waived any claim that the requested items were privileged. In Starnes v. Akinlaja, No. E2021-01308-COA-R10-CV…
Where an HCLA plaintiff’s expert refused to testify due to no fault of plaintiff or plaintiff’s counsel, the Tennessee Court of Appeals ruled that the trial court should have allowed plaintiff to secure a substitute expert. In Blackburn v. McLean, No. M2021-00417-COA-R3-CV, 2022 WL 3225397 (Tenn. Ct. App. Aug. 10,…
Where the probative value of an expert witness’s testimony outweighed the risk that such testimony would confuse the jury, the expert testimony should have been allowed and the jury verdict was vacated. In Ellis v. Modi, No. M2019-01161-COA-R3-CV (Tenn. Ct. App. May 11, 2020), plaintiff filed a complaint for assault,…
When a doctor is practicing in Tennessee but not licensed in Tennessee or in a contiguous state, but is instead practicing under a statutory licensure exemption as part of a fellowship program, he does not meet the requirements to testify as to standard of care and breach of said standard…
The Tennessee Supreme Court recently reversed a Court of Appeals opinion and reinstated a trial court’s refusal to grant a motion to alter or amend. The trial court had granted defendant’s summary judgment motion based on plaintiff’s HCLA expert being unqualified to testify as to causation and plaintiff not obtaining…
Where a trial court did not undergo the required analysis under Tennessee Rules of Evidence 702 and 703 before deciding to exclude plaintiff’s expert witness testimony in a premises liability case, summary judgment for defendant was vacated and the case was remanded. In Linkous v. Tiki Club, Inc., No. E2019-00357-COA-R3-CV…
Where plaintiff’s expert witness in an HCLA case unexpectedly decided to no longer provide testimony soon before plaintiff’s response to a motion for summary judgment was due, and plaintiff sought to continue the motion and hold a hearing on possible witness tampering, the trial court erred by granting summary judgment…
Where an expert in a professional negligence case against an insurance agent admitted that he had very limited experience with a certain type of policy, he was not qualified to testify as to the standard of care regarding that policy type. In Littleton v. TIS Insurance Services, Inc., No. E2018-00477-COA-R3-CV…