Where plaintiff’s property was destroyed by a fire caused by a lightning strike, emergency responders could not cross a bridge to access the property and extinguish the fire due to flooding, and plaintiff had recently asked the State to modify the bridge due to concerns about flooding, dismissal of this…
I am pleased to announce, after over a year of work, that I have completed the creation of a new website for Tennessee lawyers. The website is called BirdDog Law. The website is designed to help Tennessee lawyers better serve their clients while saving themselves time and money. A major…
This is an article David L. Perlow, a board certified urologist practicing in the Atlanta area since 1983. The article appeared in the November 27, 2021 edition of The Washington Post. The full text of the article appears below. In 2012, Paul Kibbett checked into a California hospital to have…
Penny White, Joe Riley and I will be hosting our annual three-city, 15-hour seminar program again the Fall. The program will be held in-person in Knoxville (Dec. 2-3), Nashville (Dec. 9-10), and Memphis (Dec. 16-17. We will also be offering the same 15 hours of CLE via video. Those interested…
Where a minor child was injured while playing on a playground at a state park, and after the incident a park ranger admitted that the mulch under the playground was not thick enough but no prior notice of the mulch condition had been shown, plaintiff had not proven gross negligence…
Dr. Benjamin Strong, Chief Medical Officer at vRad, has written an article on health care liability claims against radiologists. Dr. Strong “analyzed all 220 claims made against vRad radiologists between June 2017 and October 2020—applying a detailed classification taxonomy including the alleged type of miss, study type, if the standard…
Where there was material evidence in the record to support the jury’s finding that plaintiff’s neighbor had not diverted water onto plaintiff’s property, the verdict for defendant on claims of nuisance and trespass was affirmed. In Whitford v. Village Groomer & Animal Inn, Inc., No. M2020-00946-COA-R3-CV (Tenn. Ct. App. Sept.…
Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” Plaintiff was therefore required to first present his claims to the pension board pursuant to the City’s Code of Ordinance,…
Where an insured driver stated under oath that he was driving another person’s truck in his capacity as a mechanic to test the vehicle, but then after a declaratory judgment action was filed by his insurance company he testified that he was driving the truck on a personal errand, the…
Where plaintiff failed to file her appeal to the Claims Commission within 90 days of her claim being denied by the Division of Claims and Risk Management, dismissal was affirmed, even though the filing with the Claims Commission was within the one-year period following the car accident at issue. In…