Information is now available on the number of personal injury and wrongful death trials and jury verdicts in Madison County, Tennessee for the fiscal year ending June 30, 2022. There were 187 personal injury and wrongful death cases closed in Madison County (not including health care liability act cases) and…
Where plaintiff alleged that the nursing facility she lived in gave her a defective shower chair, and the broken wheel lock and torn netting on the chair caused her to fall and be injured, no certificate of good faith was required due to the common knowledge exception to Tennessee’s health…
Information is now available on the number of tort trials and jury verdicts in Shelby County, Tennessee for the fiscal year ending June 30, 2022. There were 2164 tort cases closed in Shelby County (not including health care liability act cases) and 55 tort trials. Here is how that compares…
One thing you can do to become a great trial lawyer is to listen to great trial lawyers speak about the profession. The American College of Trial Lawyers has a podcast that does just that. The podcast will be starting its sixth season this summer, but there are over 20…
Where plaintiffs’ appellate brief failed to include appropriate citations to the record and failed to “even address the revised judgment from which they appealed,” summary judgment for defendants on claims of intentional and/or negligent misrepresentation was affirmed in a memorandum opinion. In Smith v. Walker, No. W2022-00748-COA-R3-CV (Tenn. Ct. App.…
Where plaintiff could not show that he was harmed in any way by defendant attorney’s alleged legal malpractice, summary judgment on the malpractice claim was affirmed. In a memorandum opinion in Sutton v. The Westmoreland Law Firm, No. M2021-01209-COA-R3-CV (Tenn. Ct. App. Mar. 21, 2023) (memorandum opinion), plaintiff consulted with…
Information is now available on the number of tort trials and jury verdicts in Davidson County, Tennessee for the fiscal year ending June 30, 2022. There were 1883 tort cases filed in Davidson County (not including health care liability act cases) and 41 tort trials. Here is how that compares…
Don’t forget to check out my newest blog, Practical Procedure and Evidence. The blog addresses procedural issues at the trial and appellate level and the law of evidence. I write about issues that are of interest to lawyers working in the trenches of civil trial law. The law of procedure…
Where plaintiff asserted a defamation claim based on his car insurance company putting an “at fault designation” on a federally regulated database, summary judgment for defendant insurance company was affirmed. Seely v. GEICO Advantage Insurance Company, No. M2021-01263-COA-R3-CV (Tenn. Ct. App. Mar. 6, 2023) arose out of a dispute between…
In an HCLA case discovery dispute, the Tennessee Court of Appeals ruled that plaintiff’s testifying experts’ “notes, drafts, and communications with counsel” were discoverable under the Tennessee Rules of Civil Procedure and that plaintiff had waived any claim that the requested items were privileged. In Starnes v. Akinlaja, No. E2021-01308-COA-R10-CV…