Tennessee law will permit a plaintiff who properly voluntarily dismisses a suit in state to timely re-file it and avoid a statute of limitations defense, but the correct procedure must be followed. Frye v. Blue Ridge Neuroscience Center, P.C., 70 S .W.3d 710, 716-717 (Tenn.2002) tells us that “absent service…
The number of trials in Tennessee state court continued to decline in 2019, although jury trials in Circuit Court ticked up slightly. What follows is the number of jury and non-jury trials in Tennessee state courts for the indicated fiscal years (July 1 – June 30): Year Chancery Non-Jury …
In 2011, the Tennessee legislature amended Tenn. Code. Ann. § 28-1-106 regarding tolling of statutes of limitations, replacing the language “of unsound mind” and “after the removal of such disability” with “adjudicated incompetent” and “after legal rights are restored.” The current version of the statute reads: If the person entitled…
A couple years ago I wrote this post about how to exercise preemptory challenges. Last week, I got a call from a lawyer on this issue once again, and thought I should re-run it. It is always a good idea to ask the trial judge at the pretrial conference or…
What is the name of the case that tells us that violation of a statute is negligence per se? Cook By and Through Uithoven v. Spinnaker’s of Rivergate, 878 S.W.2d 934, 937 (Tenn. 1994). What about the violation of a regulation? Long by Cotton v. Brookside Manor, 885 S.W.2d 70,…
Did you know that there was a statute that permits you to use demonstrative aids during closing argument (and probably during opening statement as well)? Here is a statute for your trial notebook. T.C.A. Sec. 20-9-303 permits a lawyer "to use a blackboard, models or similar devices, also any picture,…
T.C.A. Sec. 29-11-105 (b) says as follows: "No evidence of a release or covenant not to sue received by another tort-feasor or payment therefor may be introduced by a defendant at the trial of an action by a claimant for injury or wrongful death, but may be introduced upon motion…
T.C.A. Sec. 28-1-115 gives a plaintiff who is bounced out of federal courts for lack of jurisdiction one year from the dismissal to re-file the action in state court. Here is the exact text of the statute: "Notwithstanding any applicable statute of limitation to the contrary, any party filing an…
Did you know a litigant is limited to no more than two "new trials" in any action? The relevant statute is T.C.A. Sec. 27-2-101. Here it is: "Not more than two (2) new trials shall be granted to the same party in an action at law, or upon the trial…
Did you know that there is a statute that expressly permits physicians to base their opinions on subjective complaints? Here it is: T.C.A.Sec. 24-7-115 "In the trial of any civil suit, there shall be received in evidence if offered on behalf of any party thereto, opinions as to medical findings…