Defendants could not introduce evidence to rebut the presumption that plaintiff’s medical bills were reasonable when that evidence violated the collateral source rule. In Doty v. City of Johnson City, No. E2020-00054-R3-CV (Tenn. Ct. App. July 7, 2021), plaintiff was riding in a car when she was hit by a…
Where plaintiff voluntarily dismissed the governmental entity that employed defendant doctor, then defendant doctor asserted in his answer that the employer was a necessary party under the GTLA, the trial court should have granted plaintiff’s motion to revise the order granting voluntary dismissal pursuant to Tennessee Rule of Civil Procedure…
Where plaintiff’s brother surrendered an annuity fund, signed plaintiff’s name on the check from the fund, and deposited the funds in his own account, all without plaintiff’s consent or knowledge, the trial court’s verdict that defendant brother was liable for conversion was affirmed, as was the finding that the statute…
The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. In Lawson v. Hawkins County, TN, No. E2020-01529-COA-R3-CV (Tenn. Ct. App. July 14, 2021), plaintiffs filed suit based on the death of decedent in a fatal one-car accident. According to…
Where defendant doctor was the supervising physician for defendant nurse midwife, the Court of Appeals ruled that he could be compelled to testify regarding his “expert opinion about the care and treatment provided by” the nurse. And, perhaps more importantly, the court also ruled that a minor on TennCare has…
Where plaintiff sought to recover against her car insurance company pursuant to uninsured motorist coverage after being in a car accident with an uninsured driver, the trial court’s ruling that plaintiff’s “non-owner” policy did not cover the accident because the car she was driving was “furnished or available for her…
Where plaintiff and defendant offered conflicting testimony regarding what caused a car accident, and the jury credited defendant’s testimony and found defendant not at fault, the verdict was affirmed. In Justice v. Hyatt, No. M2019-02105-COA-R3-CV (Tenn. Ct. App. June 30, 2021), plaintiff was driving his truck with his friend in…
Where plaintiff only presented proof that his property was damaged during shipment but did not present any proof sufficient to allow the trial court to assess his damages, involuntary dismissal was affirmed. In Matthews v. UPS Store Center 3138, No. E2020-00255-COA-R3-CV (Tenn. Ct. App. June 25, 2021), plaintiff filed suit…
Where a trial judge bifurcated an HCLA trial, addressing only the standard of care and whether defendants deviated from said standard in the first phase, and analyzing causation in the second phase if needed, the Court of Appeals affirmed the decision to bifurcate. In Jernigan v. Paasche, No. M2020-00673-COA-R3-CV…
Where there was material evidence to support the jury’s verdict which failed to award plaintiff damages for medical expenses related to his shoulder injury, the verdict was affirmed. In Almuawi v. Gregory, No. M2020-01018-COA-R3-CV (Tenn. Ct. App. June 2, 2021), plaintiff and defendant were involved in a car accident when…