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…
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…
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,…
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…
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…
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Roane 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,…
Where plaintiff offered only circumstantial evidence consisting of witnesses’ opinions of what might have caused a car accident, summary judgment for defendants was affirmed. In Wright v. Doe, No. W2023-00084-COA-R3-CV (Tenn. Ct. App. Apr. 17, 2024), plaintiff filed suit against a tow truck driver and the company for which he…
There has been lots of confusion in Tennessee over how to obtain medical records of a deceased person. Some providers require that an estate be opened and a HIPAA-compliant authorization be signed by the personal representative of the estate before they will turn over medical records. This is a ridiculous…
The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in McMinn 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,…
Plaintiffs must show substantial compliance, not strict compliance, with HCLA requirement that HIPAA authorization be included with their pre-suit notice. In a memorandum opinion in Moxley v. AMISUB SFH, Inc., No. W2023-00220-COA-R3-CV (Tenn. Ct. App. April 24, 2024), the Court of Appeals vacated dismissal of an HCLA claim because the…