Many clients do not understand why their insurance company should have to pay out money because the driver that caused the wreck did not have insurance or did not have sufficient insurance to cover the loss. Those people are reluctant to “sue” their own company, in part because they are…
Did you know that the Criminal Injuries Compensation Act has a subrogation provision? T.C.A. Sec. 29-013-113 requires that a crime victim who receives payments under the Act and later receives damages in a civil action re-pay the State for monies received under the Act. If a civil action is filed…
Did you know that you can view the Tennessee Rules of Evidence on line at no charge? Go to this site.
This is another tort law tidbit. I do not know why anyone would ever take one of these cases, but Tennessee law gives immunity to those property owners or occupiers who intentionally or accidently cause injury or death to a person who a perpetrating one or more of several enumerated…
Is proof of privity required to file a products liability or other personal injury suit? No – proof of privity was abolished by statute in T.C.A. Sec. 29-34- 104. It is no longer required in any negligence, strict liability, breach of warranty or UCC action.
Did you know that Tennessee has a specific statute addressing sex abuse claims against therapists? The “Therapist Sexual Misconduct Victims Compensation Act” is set forth in T.C.A. Sec. 29-26-201 et seq. A “therapist” is defined as “any person who performs therapy regardless of whether the person is licensed by the…
T.C.A. Sec. 20-9-303 permits a lawyer “to use a blackboard, models or similar devices, also any picture, plat or exhibit introduced in evidence, in connection with his argument to the jury for the purpose of illustrating his contentions with respect to the issues which are to be decided by the…
Can a judge stop a lawyer from arguing the value of pain and suffering to a jury? No. T.C.A. Sec. 20-9-304 gives a lawyer in a personal injury case the right to argue the worth or monetary value of pain and suffering. The argument must conform to the evidence or…
I know the judge has to render a decision in my case in some time period. What is it? T.C.A. Sec. 20-9-506 requires a judge who tries a non-jury case to render a decision and have the judgment entered within 60 days after completion of the trial. Now, how do…
Everybody knows that if you release the employee you release the employer, right? Try to find a case that says so. Well, here it is: Craven v. Lawson, 534 S.W.2d 653, 654, 657 (Tenn.1976). This case holds that release of an employee discharges employer’s liability predicated on master-servant or principal-agent…