The Tennessee General Assembly has approved changes to the rules of civil, appellate, and criminal procedure. The new rule changes are effective on July 1, 2022. The rule changes are reflected in the following sections from BirdDog Law‘s rule books: Rules of Civil Procedure Rules of Appellate Procedure Rules of…
Where there were genuine issues of material fact in a products liability case filed against the manufacturer and seller of an ATV, summary judgment for defendants was reversed. In Vaulton v. Polaris Industries, Inc., No. E2021-00489-COA-R3-CV, 2022 WL 628502 (Tenn. Ct. App. Mar. 4, 2022), plaintiffs filed this product liability…
Where plaintiff had signed an arbitration agreement in conjunction with his brother’s admission to defendant nursing home, and plaintiff had a durable power of attorney for health care executed by his brother naming plaintiff as the attorney-in-fact, the trial court “erred in looking beyond the durable power of attorney for…
Where the evidence clearly established the elements of intent and malice in an inducement of breach of contract case, summary judgment for plaintiff was affirmed. Moreover, the trial court’s ruling that plaintiff could recover attorney’s fees as compensatory damages under the independent tort theory was also affirmed. In HCTEC Partners,…
Where defendants had no prior notice of foreseeable harm to plaintiff, who was assaulted while he was an inmate at a Tennessee county jail, summary judgment was affirmed. In Koffman v. Madison County Tennessee, No. W2021-00385-COA-R3-CV (Tenn. Ct. App. Feb. 17, 2022), plaintiff was arrested and booked into the county…
Where defendant was driving a truck that had a blowout on the interstate, defendant did not have a duty to remove the tire debris from the road. In Walker v. McMillin, No. M2020-01507-COA-R3-CV, 2022 WL 420666 (Tenn. Ct. App. Feb. 11, 2022), plaintiff was injured in a one-car accident caused…
Where the claims commission credited defendants’ witnesses and found that plaintiffs had not proven their HCLA case, the Court of Appeals affirmed. In Cavaliere v. State, No. M2021-00038-COA-R3-CV, 2022 WL 320241 (Tenn. Ct. App. Feb. 3, 2022), plaintiffs filed an HCLA suit against the state based on treatment received by…
Where plaintiff entered defendant’s property to return two pot-bellied pigs that were owned by defendant’s stepson but lived on defendant’s property and were running loose, and plaintiff had been on the property before without defendant objecting, plaintiff was not a trespasser and had implied permission to come onto the property. …
Where there was material evidence to support the jury’s verdict of more than $1.5 million in a car accident case, the verdict was affirmed. In Malone v. ASF Intermodal LLC, No. W2020-00430-COA-R3-CV, 2022 WL 353697 (Tenn. Ct. App. Feb. 7, 2022), plaintiff was in a car accident caused by an…
Where the State had an easement on plaintiff’s property for the construction and maintenance of a drainage facility, but plaintiff had no evidence that the faulty concrete structure causing flooding on his property was installed by the State, summary judgment on his nuisance claim was affirmed. In Walker v. State,…