A conviction in a criminal case, even if a post-conviction appeal is pending, does not satisfy the element of a “prior action [being] finally terminated in favor of plaintiff” for the purpose of a malicious prosecution claim. In Moffitt v. McPeake, No. W2016-01706-COA-R3-CV (Tenn. Ct. App. Oct. 10, 2017), plaintiff…
Although the issue rarely arises, the statute of limitations on a claim does not begin to run until there is a person who can properly bring the action. In In re Estate of Link, No. M2016-002002-COA-R3-CV (Tenn. Ct. App. Oct. 5, 2017), John Clemmons had been appointed administrator of the…
A temporary order granting a guardianship that had apparently expired by the time of the injury at issue does not meet the standard for proving that an injured party had been “adjudicated incompetent” for the purpose of tolling a statute of limitations. In Caudill v. Clarksville Health System, GP, No.…
When relying on vicarious liability in an HCLA (formerly known as medical malpractice or medical negligence) case, a plaintiff must identify the standard of care for a specific agent of the defendant and how that agent deviated from the standard of care. In Miller v. Vanderbilt University, No. M2015-02223-COA-R3-CV (Tenn.…
In a legal malpractice case, a plaintiff must usually present expert testimony regarding the standard of care and causation. In Franklin-Murray Development Company, L.P. v. Shumacker Thompson, PC, No. M2015-01968-COA-R3-CV (Tenn. Ct. App. Aug. 18, 2017), plaintiff sued defendant attorneys who had represented plaintiff in litigation related to a commercial…
Showing reliance in a fraud case does not require magic words during a plaintiff’s testimony. In Erwin v. Great River Road Supercross LLC, No. W2017-00150-COA-R3-CV (Tenn. Ct. App. Oct. 19, 2017), plaintiffs sued defendants based on a real estate purchase. Defendants had provided a warranty deed to plaintiffs that “specifically…
Where plaintiff failed to have service issued for over a year against the defendant driver in a car accident case, her claim against her uninsured motorist insurance carrier was barred. In Davis v. Grange Mutual Casualty Group, No. M2016-02239-COA-R3-CV (Tenn. Ct. App. Sept. 28, 2017), plaintiff filed suit on March…
Where a defendant knew of decedent’s past suicide attempt, knew she was suffering from depression, and knew he had just ended his relationship with her, the trial court was wrong to grant summary judgment on a negligence case related to him showing her an unsecured gun in his home to which…
The statute of limitations for a claim falling under the GTLA is one year. In Thigpen v. Trousdale County Highway Department, No. M2016-02556-COA-R3-CV (Tenn. Ct. App. Sept. 19, 2017), a pro se plaintiff filed suit against the highway department and two individuals claiming that they damaged his home while using…
A claim that a patient who burned himself should not have been left alone with a hot cup of coffee was determined to fall under the Tennessee HCLA. In Youngblood ex rel. Estate of Vaughn v. River Park Hospital, LLC, No. M2016-02311-COA-R3-CV (Tenn. Ct. App. Sept. 28, 2017), an 86-year-old…