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Day on Torts

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Exclusion of HCLA expert based on locality rule affirmed.

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on…

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Appeal under Tennessee Public Protection Act ruled untimely.

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.” In Laferney v. Livesay, No. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. Ct. App. Oct. 25, 2022), plaintiff…

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Free, Helpful Information About the Robertson County, Tennessee Court System

BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals.  Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county.   Each database is set up in the same format for ease…

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Physician employed by state university had absolute immunity under Tennessee Claims Commission Act.

Where defendant physician was employed by a state university and received no personal gain from the clinical services she rendered at a hospital, and plaintiff had brought an HCLA action based on these hospital clinical services, summary judgment pursuant to defendant’s absolute immunity under the Tennessee Claims Commission Act was…

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Free, Helpful Information About The Wilson County, Tennessee Court System

BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals.  Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county.   Each database is set up in the same format for ease…

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No HCLA liability under GTLA where allegedly negligent doctors were not employees of governmental entity hospital.

Where plaintiff filed an HCLA case against a hospital that was a governmental entity, but only alleged negligence by doctors who were not employees of the hospital, summary judgment under the GTLA was affirmed. In Howell v. Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System, No. E2021-01197-COA-R3-CV, 2022 WL 5295794…

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Free Information About the Sumner County, Tennessee Court System

BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals.  Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county.   Each database is set up in the same format for ease…

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Plaintiff could not show constructive notice in GTLA premises liability case where she could not show how long dangerous condition had existed.

Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. In Mitchell v. City of Franklin, Tennessee, No. M2021-00877-COA-R3-CV, 2022 WL 4841912 (Tenn. Ct. App. Oct.…

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Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.

Where plaintiff real estate professional brought an action for defamation and false light based on an online review written by defendant, defendant moved to dismiss the action pursuant to the Tennessee Public Participation Act (TPPA). In Charles v. McQueen, No. M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. Ct. App. Sept. 28, 2022),…

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Dismissal of legal malpractice claim reversed.

  Where plaintiff alleged that defendant attorneys ignored settlement offers and rejected offers on illogical bases in a previous class action case, dismissal of plaintiff’s legal malpractice claim was reversed. In Hawthorne v. Morgan & Morgan Nashville, PLLC, No. W2021-01011-COA-R3-CV, 2022 WL 4298184 (Tenn. Ct. App. Sept. 19, 2022), plaintiff…

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