July 1, 2024 is the effective date for changes to the Tennessee Rules of Civil Procedure and Evidence. That is why I created a new book that contains the up-to-date Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition). It has the rules you need on motion day or in…
Day on Torts
Optional arbitration agreement not a healthcare decision.
A healthcare power of attorney does not give the attorney-in-fact authority to sign an optional arbitration agreement on behalf of a patient. In Hall v. Quality Center for Rehabilitation and Healing, LLC, No. M2022-01028-COA-R3-CV (Tenn. Ct. App. May 9, 2024), plaintiff’s husband died at a hospital after living at defendant…
Gibson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Gibson County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…
Interference with business relationship claim abated on defendant’s death.
Plaintiffs’ claim for tortious interference with a business relationship based on an email written by defendant abated upon defendant’s death. In Stockdale v. Helper, No. M2022-00846-COA-R3-CV (Tenn. Ct. App. May 8, 2024), plaintiffs worked as employees of a police department. After a department investigation, defendant District Attorney wrote an email…
Loudon County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Loudon County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…
TPPA applies to case against attorneys related to previous litigation.
A claim that asserted defendant attorneys acted in their own self-interest when they represented another party in multiple lawsuits against plaintiffs fell within the ambit of the Tennessee Public Protection Act. In Garner v. Thomason, Hendrix, Harvey, Johnson & Mitchell, PLLC, No. W2022-01636-COA-R3-CV (Tenn. Ct. App. Apr. 15, 2024), plaintiffs…
Bench verdict for plaintiff in pedestrian case reversed.
A trial court’s ruling for plaintiff was overturned where plaintiff stepped off a curb between parked cars, not in a crosswalk, and was hit by a truck while attempting to cross the road. In Easley v. City of Memphis, No. W2023-00437-COA-R3-CV (Tenn. Ct. App. May 1, 2024), plaintiff attempted to…
Dickson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Dickson County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…
Tennessee Rules of Civil Procedure and Evidence 2024-2025 – Courtroom Edition
Who needs to haul the Tennessee Supreme Court rules, the Tennessee Rules of Appellate Procedure, etc. to a trial court? No one. That is why I created a new book that contains only the Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition). It has the rules you need on…
No personal injury case against “statutory employer.”
The Court of Appeals affirmed dismissal of a personal injury case because the defendant qualified as a statutory employer of plaintiff under Tennessee’s workers’ compensation laws. Under the “exclusivity doctrine” in worker’s compensation law, an employee cannot sue his or her employer under tort law. Instead, the exclusive remedy for…