What is the consequence of a refusal to give an examination under oath to your Tennessee automobile insurance insurer? Your policy can be rendered void. The facts. Ponnapula was in a car wreck with Mr. Wright. It appears there was not any liability insurance on the vehicle being driven by…
Day on Torts
Montgomery 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 Montgomery 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,…
The Duty to Inquire and Limitation of Actions
Tennessee court holds that publicly available information triggered the duty to inquire and claim being barred by the statute of limitations. The Facts In First Community Bank, N.A. v. First Tennessee Bank, N.A., No. E2022-00954-COA-R3-CV (Tenn. Ct. App. Feb. 13, 2024), plaintiff bank purchased “approximately $135 million in asset-backed securities…
Intentional misrepresentation claim dismissed where misrepresentation only related to future action.
Where defendants filed a counterclaim for intentional misrepresentation, but defendants’ allegations all centered around promises that plaintiffs had made to take certain actions in the future and defendants did not allege that plaintiffs had no present intention of performing when the promises were made, dismissal of the intentional misrepresentation claim…
Williamson 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 Williamson 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,…
Assault and battery summary judgment reversed.
Where video footage involving an altercation between a high school basketball coach and a student from another school was open to more than one interpretation, summary judgment for the coach on the student’s assault and battery claims was reversed. In Kelley v. Root, No. W2022-01625-COA-R3-CV (Tenn. Ct. App. Jan. 29,…
Rutherford 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 Rutherford 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,…
Wrong Site Surgery – An Example
MagMutual, a professional liability insurer for physicians and surgeons, does an excellent job trying to educate doctors about how to avoid mistakes that cause injury or death and subsequent medical malpractice lawsuits. The company recently released a case study on wrong site surgery. “Wrong site surgery” occurs when a doctor…
Medication Errors Result in Injury and Death
MagMutual, a leading healthcare liability insurer of physicians and surgeons, reports that “[m]edication errors account for 8% of medical malpractice claims among family practitioners insured by MagMutual. It is estimated that about 50% of medication errors are due to ordering issues, including wrong medication, wrong dose or wrong route.” The…
Hamilton 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 Hamilton 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,…