The State of Tennessee has released information about the number of health care liability (HCL, formerly known as medical malpractice) claims filed in Tennessee in the fiscal year ending June 30, 2022 and the resolution of pending HCL cases in the same year. In the FY2021-22, 355 HCL claims were…
The statute of repose for defective improvements to real property did not apply where defendants were the property owners of the pipe culvert at issue in the case. In Clayton v. Dixon, No. M2021-00521-COA-R3-CV (Tenn. Ct. App. Mar. 23, 2023), plaintiff property owner sued defendants, who owned the adjacent property,…
Information is now available on the number of tort trials and jury verdicts in Washington County, Tennessee (county seat: Jonesborough) for the fiscal year ending June 30, 2022. There were 162 personal injury or wrongful death cases closed in Washington County (not including health care liability act cases) and only…
In an HCLA case where plaintiff named a physician employed by a governmental entity as a defendant but did not name the governmental entity, dismissal was affirmed. Further, plaintiff’s motion to amend to name the governmental entity was properly denied as futile where plaintiff did not give pre-suit notice to…
Information is now available on the number of tort trials and jury verdicts in Hamilton County, Tennessee for the fiscal year ending June 30, 2022. There were 797 tort cases closed in Hamilton County (not including health care liability act cases) and 27 tort trials. Here is how that compares…
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.…