Where a doctor had time to confer with her colleagues twice, even shortly, before determining a course of action for her patient, the Tennessee trial court erred by giving the jury an instruction on the sudden emergency doctrine. The jury verdict for defendants was accordingly vacated, and the case was…
Day on Torts
Another Slip and Fall Case Hits the Floor
Where a plaintiff who slipped and fell in water at a concert could not show how long that particular spill had been on the floor, and could only show that two other spills had occurred in the same area as her fall, summary judgment was affirmed based on lack of…
Plaintiff’s Expert Testimony on Causation Deemed Too Speculative
Where the expert causation testimony in aT ennessee HCLA (medical malpractice) case was deemed too speculative, summary judgment was affirmed. In Franklin-Mansuo v. AMISUB (SFH), Inc. D/B/A Saint Francis Hopsital, No. W2016-01623-COA-R3-CV (Tenn. Ct. App. Sept. 6, 2017), plaintiff filed an HCLA action based on the death of his mother.…
Pro Se Wrongful Death Complaint Survives Challenge
In at least some situations, a surviving spouse can properly file a pro se wrongful death complaint, because the decedent’s right of action actually “passes to” the surviving spouse under Tennessee’s wrongful death statutes. In Beard v. Branson, No. M2014-01770-SC-R11-CV (Tenn. Aug. 30. 2017), plaintiff’s wife died of sepsis after…
Rape Victim Not Limited to Workers’ Compensation Claim
When a restaurant manager who was working in a locked back office was raped after a robbery, the injuries did not arise out of her employment and she was not limited to a workers’ compensation claim. In Doe v. P.F. Chang’s China Bistro Inc., No. W2016-01817-COA-R9-CV (Tenn. Ct. App. Aug.…
Tennessee Landlord Liable When Light Fixture Fell
Where a tenant told her landlord about a leak in her kitchen ceiling, the landlord was liable when the light fixture in the ceiling later fell and injured the tenant. In Holloway v. Group Properties LLC, No. W2016-02417-COA-R3-CV (Tenn. Ct. App. Aug. 24, 2017), plaintiff noticed a water leak in…
Confinement to Prison Isn’t “Extraordinary Cause”
Being incarcerated does not constitute extraordinary cause and does not waive the pre-suit notice and certificate of good faith requirements of the HCLA. In Kinsey v. Schwarz, No. M2016-02028-COA-R3-CV (Tenn. Ct. App. Aug. 18, 2017), a pro se prison inmate filed an HCLA suit regarding an allegedly “botched surgical procedure…
Med Mal Notice Statute and Governmental Entities
Substantial compliance is sufficient to meet the requirements regarding documents to be attached to a Tennessee HCLA complaint, even when the defendant is a governmental entity. In Clary v. Miller, No. M2016-00794-COA-R3-CV (Tenn. Ct. App. Aug. 8, 2017), plaintiff served timely pre-suit notice of her HCLA complaint, and attached a…
Default Judgment in Injury Case Requires Hearing on Damages
After obtaining a default judgment on claims for conversion and malicious prosecution, a plaintiff must “prove the extent of her claimed damages,” and defendant should be given “an opportunity to rebut her evidence or present evidence of his own on the question of damages for those claims before entering a…
Fall-Down Case Goes to Jury
Just because a plaintiff’s actions may have arguably contributed to creating a dangerous condition does not mean summary judgment for defendant is guaranteed in a premises liability case. In Rader v. Ruby Tuesday, Inc., No. E2016-01677-COA-R3-CV (Tenn. Ct. App. Aug. 18, 2017), plaintiff had called in a catering to-go order…