Where plaintiff brought a tort action against defendant based on defective products made pursuant to a contract between the parties, dismissal based on the economic loss doctrine was affirmed. In Vidafuel, Inc. v. Kerry, Inc., No. M2024-00041-COA-R3-CV (Tenn. Ct. App. Nov. 4, 2024), the plaintiff developed and distributed wellness…
There has been lots of confusion in Tennessee over how to obtain medical records of a deceased person. Some providers require that an estate be opened and a HIPAA-compliant authorization be signed by the personal representative of the estate before they will turn over medical records. This is a ridiculous…
A finding of trespass requires a court to award nominal damages under Tennessee law. In Dorer v. Hennessee, No. M2023-00729-COA-R3-CV (Tenn. Ct. App. Apr. 12, 2024) (memorandum opinion), the Court of Appeals overturned a trial court’s refusal to award damages after a trespass finding. While the Court deemed most of…
Where plaintiffs asserting a tortious interference with a business relationship claim could not show that the defendants intended to cause a breach or termination of the relationship, which had already been breached before defendants’ involvement, or that defendants acted with an improper motive, summary judgment for defendants was affirmed. In…
Where plaintiff was the passenger in a car accident that occurred when the vehicle she was riding in crashed into fencing and construction equipment owned by defendant construction company that was located in the right lane of a street, and plaintiff had settled with and executed a release of the…
Where a trial court’s judgment did not include a finding of joint-and-several liability, a defendant against whom a judgment was entered could not be credited with payments made by another defendant or by a non-party. In Gerrish & McCreary, P.C. v. Lane, No. W2022-01441-COA-R3-CV (Tenn. Ct. App. Dec. 5, 2023),…
There are seven tort cases pending before the Tennessee Supreme Court. Here is a list of the cases and the summary of the holding of the Tennessee Court of Appeals (if applicable) in each case: Style: Williams v. Smyrna Residential, LLC et al. TSC Docket Number: M2021-00927-SC-R11-CV Court of Appeals Opinion:…
A disabled person’s conservator had the authority to enter into a consent agreement releasing the person’s HCLA claims against a doctor without approval from the probate court. In Hamilton v. Methodist Healthcare Memphis Hospitals, No. W2022-00054-COA-R3-CV (Tenn. Ct. App. Oct. 16, 2023), plaintiff filed an HCLA suit as conservator on…
A Tennessee plaintiff asserting a claim for invasion of privacy based on intrusion upon seclusion was not required to show actual damages, as actual damages are not an essential element of an intrusion upon seclusion claim. In Jones v. Life Care Centers of America d/b/a Life Care Center of Tullahoma,…
My newest article, “Gender-Affirming Care Creates Tort Liability,” as published in the Tennessee Bar Journal.