This case is an example of when it is best to leave well enough alone. Along the tortured path of this case, the parties switched positions i.e, plaintiff became defendant and vice versa. To keep it simple, I am going to refer to Ms. Allain by her last name and the two…
You file a motion in limine to exclude testimony of defendant’s expert witness. The motion is denied. Do you have to object to the testimony of the expert at the time he or she testifies to preserve the issue for appeal? Maybe. The Wyoming Supreme Court has ruled that a later…
It takes a lot of time and money to get a medical malpractice (now called health care liability) case to trial in Tennessee. Thus, when such cases do get to trial, it is essential that the lawyers and parties follow the orders of the court concerning evidentiary matters such…
There are many hurdles to successfully bringing a premises liability case in Tennessee, and often the most difficult of which is proving that the defendant had notice of the dangerous condition allegedly responsible for causing the plaintiff’s injuries. In Merrell v. City of Memphis, Tennessee, No. W2013-00948-COA-R3-CV (Tenn. Ct. App. Jan.…
In Tennessee, the essential elements of a malicious prosecution claim are (1) the defendant filed suit or instituted a judicial proceeding without probable cause, (2) the defendant brought the action with malice, and (3) the prior action was finally terminated in the plaintiff’s favor. If the judgment in the prior…
This case is a good illustration of a couple of points: (1) proceeding pro se is in a Tennessee personal injury case is dangerous business, and (2) judges at both the trial court and appellate level can be very patient folks. Plaintiff Jennifer Al-Athari was involved in a motor…
Tennessee has a unique statute that allows a plaintiff to sue a nonparty tortfeasor alleged to have fault in a negligence case after the expiration of the one-year statute of limitations. the statute is triggered if a defendant sued within the original statute of limitations period blames the nonparty and…
The statute of limitations for legal malpractice claims in Tennessee is one year from the date the action accrues. Tenn. Code Ann. § 28-3-104(a)(2). The “discovery rule” determines when the action accrues in most legal malpractice cases. Tennessee’s discovery rule says that a plaintiff’s time limit to file suit does…
Tennessee personal injury and wrongful death lawyers may be interested in my newest book, Compendium of Tennessee Tort Reform Statutes and Related Case Law, 2009-2013 (2nd ed.) The title says it all: the 180+ page book is a collection of Tennessee tort reform statutes and the cases interpreting those statutes.…
Many people are unaware that local governments often have ordinances that can form the basis of a negligence per se case – ordinances that may create a responsibility greater than that imposed by state statues or the common law. Consider this ordinance from Nashville and Davidson County, Tennessee: It is…