Tennessee wrongful death lawyers may wish to read my newest article in the Tennessee Bar Journal, “”Wrongful Death of a Zygote?” The article discusses a recent important change to Tennessee wrongful death law.
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Day on Torts
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Negligence summary judgment affirmed where plaintiff had no evidence of breach of duty.
Where plaintiff had no evidence that defendant took any action that contributed to him being knocked off a ladder while nailing a board to a window, summary judgment for defendant was affirmed. In Malone v. Viele, No. E2021-00637-COA-R3-CV (Tenn. Ct. App. Dec. 27, 2021), plaintiff and defendant were friends who…
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Child in care, custody, or control of State between removal from parent’s home and entry of custody order by juvenile court.
Where a child was removed from his parents’ custody by the Department of Children’s Services (DCS) and placed in a home that DCS’s own investigation had found to be unsafe, and the child later died while in that home, the Claims Commission had subject matter jurisdiction of the parents’ negligence…
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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.
Where decedent had filed a personal injury and loss of consortium case in West Virginia, settled that case, and then received a portion of the settlement proceeds before his death, the Court of Appeals affirmed dismissal of this Tennessee case filed by decedent’s heirs “seeking to have the settlement proceeds…
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Practice Before the Tennessee Claims Commission
The Tennessee Claims Commission hears and adjudicates claims alleging that personal injury or wrongful death was caused by the acts or omissions of employees of the State of Tennessee. The Commission also hears worker’s compensation claims asserted by State employees and breach of contract claims when the State is a…
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Snap Removals to Federal Court
The Fifth Circuit Court of Appeals has ruled that a defendant in a state court lawsuit served with process can immediately remove to federal court before the in-state defendants are served and the federal court will assume control of the for the out-of-state party (ies). The decision is Texas Brine Company,…
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Colorado Supreme Court Allows Minors to Recover Pre-Majority Medical Expenses
Colorado’s highest court has ruled that in cases involving an unemancipated minor child, either the child or the child’s parents may recover the child’s pre-majority medical expenses Double recovery is not permitted. The case is Rudnicki v. Bianco. The Tennessee will be holding oral argument soon on a related issue…
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New Resource Center for Tennessee Lawyers
I am pleased to announce the launch of BirdDog Law, a massive online resource center for Tennessee lawyers, particularly those who do trial work. The website includes free access to the Tennessee Rules of Civil Procedure, the Tennessee Rules of Appellate Procedure, and the Tennessee Rules of Evidence, as well…
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No liability for State when fire causing damage was started by lightning.
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…
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New Website for Tennessee Lawyers
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…