In an asbestos case, a balancing test should have been used to determine whether manufacturers “had a duty to warn about the post-sale integration of asbestos-containing products manufactured and sold by others.” Further, expert testimony regarding the effects of asbestos exposure on a plaintiff did not have to be based…
In J.A.C. v. Methodist Healthcare Memphis Hospitals, No. W2016-00024-COA-R3-CV (Tenn. Ct. App. Nov. 2, 2016), a plaintiff lost her chance to pursue her Tennessee medical malpractice claim due to an insufficient HIPAA release form. Plaintiff was forty weeks pregnant when she went to the defendant hospital with lower back and…
In Tennessee, the construction statute of repose begins to run when a project reaches substantial completion, which is when it can be used for its intended purpose. A flaw in the project will not prevent it from being substantially complete for statute of repose purposes, as recently demonstrated in the…
In Hayes v. Coopertown’s Mastersweep, Inc., No. W2014-00783-COA-R3-CV (Tenn. Ct. App. April 17, 2015), plaintiffs brought a negligence claim based on the alleged negligent inspection of their fireplace. Two issues were addressed on appeal—whether defendant owed a duty of care to plaintiffs and whether this case fell under the four-year…
Effective July 1, 2014 state law will grant Tennessee lawyers and accountants a five-year statute of repose for malpractice claims. The only exception is for fraudulent concealment by the defendant, in which event the claim must be filed within one year of the date of discovery. A one year statute of…
This case involves the Tennessee Medical Malpractice Act and the application of the three-year statute of repose. On December 19, 1999, Jessie Bentley suffered severe injuries during labor and delivery by the defendant medical providers. Suit was not filed until February 1, 2013 and the defendants all immediately moved for…
The Tennessee Bar Association has published the most recent edition of the Tennessee Bar Journal, which includes my latest article "Protecting Yourself From Statutes of Repose." The article discusses the impact of statutes of repose on tort recoveries in cases involving comparative fault and gives tips to lawyers on…
Tennessee has a ten-year statute of repose that bars most products liability claims ten years after the product at issue was sold to the first user or consumer. Unlike a statute of limitation, a statute of repose can bar a claim even before plaintiff was injured. The United States Court…
The Western Section of the Tennessee Court of Appeals has held that the construction statute of repose is not tolled for minors. By five years after a home or building is substantially completed, all bets are off. Even if the roof collapses on toddler in a crib, the contractors, architects, etc. are immune from…
The Tennessee Court of Appeals has held that the savings statute trumps the products liability statute of repose. In Maino v. The Southern Company, Inc., d/b/a The Southern Company, et al., W2007-00225-COA-R9-CV (Tenn. Ct. App. NOv. 19, 2007) the Western Section of the Court of Appeals held that a products…