Close

Day on Torts

Updated:

Sudden Emergency Instruction Error in Medical Malpractice Case

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…

Updated:

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.…

Updated:

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…

Updated:

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…

Updated:

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…

Updated:

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…

Updated:

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…

Updated:

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…

Contact Us