Where a trial court’s judgment did not include a finding of joint-and-several liability, a defendant against whom a judgment was entered could not be credited with payments made by another defendant or by a non-party. In Gerrish & McCreary, P.C. v. Lane, No. W2022-01441-COA-R3-CV (Tenn. Ct. App. Dec. 5, 2023),…
Where an HCLA plaintiff sent pre-suit notice to a hospital and two doctors, the hospital had all the relevant documents, the doctors were independent contractors of the hospital who could only access the records for treatment purposes, and plaintiff’s HIPAA form was noncompliant and only allowed records to be released…
Where claimant tripped on a laptop cord while participating in a class activity, but she had no evidence showing how long the cord had been there or who put the cord there, the Claims Commission’s finding that the professor of the class was not negligent was affirmed. In Bryant v.…
Where there was a question of fact regarding when plaintiff was put on notice of his potential HCLA claim, and plaintiff provided an expert affidavit in support of his claims, summary judgment based on the statute of limitations and a lack of proof on causation and damages was reversed. In…
On February 17, 2005, this blog offered its first post. Almost 19 years later, this post represents the 3000th post that has appeared on this site. That’s right – 3000 posts. In that time period, both of my older children have finished grade school, high school, and college. They are…
Every time there is a airplane crash, we hear about the efforts to locate “the black box.” The “black box” is a flight data recorder – a device that constantly gathers information from dozens of sources about the operation of the airplane. There is also a cockpit voice recorder, which…
Tennessee Bar Journal, a publication of the Tennessee Bar Association, has published my latest Day on Torts column. The article discusses a recent opinion of the Tennessee Court of Appeals discussing the proximity element of negligent infliction of emotional claims. Enjoy!
There are seven tort cases pending before the Tennessee Supreme Court. Here is a list of the cases and the summary of the holding of the Tennessee Court of Appeals (if applicable) in each case: Style: Williams v. Smyrna Residential, LLC et al. TSC Docket Number: M2021-00927-SC-R11-CV Court of Appeals Opinion:…
Where plaintiff set up his own ladders on cardboard at defendant’s home, and defendant had no control over the set-up, summary judgment for defendant was affirmed on plaintiff’s premises liability claim arising from injuries sustained when the ladders slipped. In Fulghum v. Notestine, No. M2022-00420-COA-R3-CV (Tenn. Ct. App. Oct. 31,…
Where plaintiffs’ minor daughter was sexually abused by a church staff member, but plaintiffs did not perceive any injury-producing event, dismissal of their negligent infliction of emotional distress claim was affirmed. In Doe v. Bellevue Baptist Church, No. W2022-01350-COA-R3-CV (Tenn. Ct. App. Nov. 7, 2023), plaintiffs brought various claims against…