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,…
BirdDog Law, the leading resource center for Tennessee trial lawyers, now has 24/7 free access to the Tennessee Rules of Criminal Procedure and the Criminal Appeals Rules. Click on the links to access the new additions. To see a complete list of our free resources for Tennessee trial lawyers, click…
Where premises liability plaintiffs could not show that defendant church, who was renting the property to another church, had constructive notice of a downed power line on the property that had most likely been down for approximately 26 hours, summary judgment was affirmed. In Kelly v. Debre Keranio Medhanialem Ethiopian…
Where a premises liability plaintiff did not provide sufficient proof that a sewer cleanout cap in a sidewalk was a dangerous or defective condition, summary judgment for defendants was affirmed. In Garamella v. City of Lebanon, No. M2021-00262-COA-R3-CV, 2022 WL 202641 (Tenn. Ct. App. Jan. 24, 2022), plaintiff was walking…
Tennessee’s tort and health care liability action trials came near to a screeching half for the fiscal year ending June 30, 2021. There were only 31 jury and 113 nonjury tort trials in twelve months, and only 1 jury and 7 nonjury health care liability cases tried during the same…
Because Tenn. Code Ann. § 56-7-135(a) creates a rebuttable presumption that a person who signs an insurance contract “has read, understands, and accepts the contents of such document,” and plaintiff did not rebut that presumption, the trial court properly granted summary judgment to defendants on plaintiff’s claims for negligence and…