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Day on Torts

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Claims commission does not have jurisdiction over gross negligence claim.

Where plaintiff was injured by a dangerous condition on state property created by the gross negligence of a state employee, the Claims Commission Act did not provide a cause of action. In Gordon v. State of Tennessee, No. W2023-01012-COA-R3-CV (Tenn. Ct. App. Oct. 10, 2024), plaintiff child was injured when…

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Tennessee Supreme Court rules that TPPA petition does not affect right to nonsuit.

The Tennessee Supreme Court has affirmed that the filing of a TPPA petition to dismiss by a defendant does not bar a plaintiff from voluntarily dismissing a case. In Flade v. City of Shelbyville, — S.W.3d —, No. M2022-00553-SC-R11-CV (Tenn. Oct. 9, 2024), plaintiff filed suit against several defendants asserting…

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Unicoi 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 Unicoi 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,…

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Summary judgment based on HCLA statute of limitations reversed.

Where there was a question of fact regarding when the plaintiff should have discovered her injury in a health care liability case, as the pain she experienced was a potential side effect of her dental procedures, summary judgment for the defendant dentist was reversed. In Price v. The Center for…

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Fentress 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 Fentress 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,…

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GTLA Plaintiff Verdict Affirmed in Garbage Truck / Pedestrian Case

Where the trial court found plaintiff credible, and defendant city presented no material countervailing evidence, a GTLA verdict for plaintiff was affirmed. In a memorandum opinion in Clay v. Memphis Sanitation Division, No. W2023-00519-COA-R3-CV (Tenn. Ct. App. Oct. 1, 2024) (memorandum opinion), plaintiff filed suit under the GTLA based on…

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Humphreys 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 Humphreys 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,…

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Union 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 Union 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,…

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Landlord had duty even when missing hand rail was open and obvious.

Summary judgment for a landlord in a premises liability suit was reversed where the landlord had not installed a stair rail (also known as a handrail) up to code. In Franz v. Funes, No. E2023-01256-COA-R3-CV (Tenn. Ct. App. Sept. 30, 2024), plaintiff leased a residential property from defendant, who owned…

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Savings statute measured from dismissal of first tort complaint.

A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred. In Abdou v. Brown, No. 2023-01593-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass.…

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