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Day on Torts

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HCLA (Medical Malpractice) summary judgment based on cancellation rule affirmed.

Because an HCLA (Medical Malpractice) plaintiff is required to prove the elements of his claim through expert testimony, summary judgment was affirmed after the trial court applied the cancellation rule to plaintiff’s expert’s conflicting testimony regarding damages. In Simmons v. Islam, No. M2023-01698-COA-R3-CV (Tenn. Ct. App. Dec. 3, 2024), the…

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Late-filed evidence not allowed in TPPA petition hearing.

Plaintiff construction company should not have been allowed to file a deposition transcript related to its argument against dismissal under the TPPA after the TPPA hearing had concluded. In Kedalo Construction, LLC v. Ward, No. M2024-00224-COA-R3-CV (Tenn. Ct. App. Nov. 26, 2024), the plaintiff construction company and the defendant store…

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Houston 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 Houston 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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Trousdale 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 Trousdale 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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Decatur 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 Decatur 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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Jackson 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 Jackson 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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TPPA petition to dismiss not affected by nonsuit where defendant also filed motion for summary judgment.

Where defendant had filed both a TPPA petition to dismiss and a motion for summary judgment, plaintiff was not allowed to voluntarily dismiss the action against that defendant. In Garramone v. Dugger, No. M2023-00677-COA-R3-CV (Tenn. Ct. App. Nov. 25, 2024), plaintiff filed a false light invasion of privacy claim against…

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Lewis 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 Lewis 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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Premises liability summary judgment based on contractor exception overturned.

Where the decedent was an independent contractor who died when a lifting mechanism in the factory failed, there were questions of fact regarding whether the defendant company owed a duty to the decedent, so summary judgment for the defendant company was reversed. In Lowe v. Bridgestone Americas Tire Operations, LLC,…

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Meigs 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 Meigs 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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