An exculpatory agreement contained in a contract for transportation services may be enforceable against a plaintiff claiming ordinary negligence. In Copeland v. Healthsouth/Methodist Rehabilitation Hospital, L.P., No. W2016-02499-COA-R3-CV (Tenn. Ct. App. Aug. 10, 2017), plaintiff was recovering from knee surgery in a hospital and had a follow-up appointment with his…
A plaintiff cannot claim invasion of privacy based on information that she herself has already disclosed in a public filing. In Graham v. Archer, No. E2016-00743-COA-R3-CV (Tenn. Ct. App. Aug. 10, 2017), the Court of Appeals affirmed dismissal of an invasion of privacy case. A pro se plaintiff had previously…
The Tennessee Claims Commission has exclusive subject matter jurisdiction over a claim by a plaintiff that the state “negligently supervised and retained a prison guard who sexually assaulted [an] inmate.” In Vetrano v. State, No. M2015-02474-COA-R3-CV (Tenn. Ct. App. Aug. 8, 2017), the Court reversed the claim commission’s dismissal of…
Depending on the circumstances, a police officer pulling a handcuffed person by the chain linking the two cuffs may be enough to support a claim for assault and battery in Tennessee, even without evidence of a significant injury. In Stafford v. Jackson County, Tennessee, No. M2016-01883-COA-R3-CV (Tenn. Ct. App. Aug.…
A party’s failure to supplement its discovery responses or deposition testimony can result in a jury verdict for that party being vacated. For businesses, this duty to supplement may include the testimony of its employees. In Collier v. Roussis, No. E2016-01591-COA-R3-CV (Tenn. Ct. App. Aug. 7, 2017), a minor filed…
HIPAA-compliant authorization forms continue to cause trouble for medical malpractice (now called “health care liability action” or ‘HCLA”) plaintiffs in Tennessee, with a recent plaintiff having his case dismissed due to his failure to fill in the portion of the form that lists who was authorized to make disclosures thereunder.…
Plaintiffs preparing a Tennessee health care liablity (formerly called “medical malpractice”) must pay special attention to their standard of care expert witness, especially if they plan to argue that a specific procedure was required to meet the standard of care. In Hopps v. Stinnes, No. W2016-01982-COA-R3-CV (Tenn. Ct. App. August…
While a case for personal injuries resulting from a car accident must be filed within one year, a claim against an insurance company for uninsured motorist coverage arising from the same incident is not subject to that one-year statute of limitations. In Bates v. Greene, No. W2016-01868-COA-R3-CV (Tenn. Ct. App.…
In Cook v. State of Tennessee, No. W2016-01914-COA-R3-CV (Tenn. Ct. App. July 27, 2017), the Court affirmed summary judgment in a case where a plaintiff inmate alleged the state was liable for the injuries he suffered after being stabbed by another inmate. Plaintiff and his cellmate were both inmates at…
In Grizzle v. Parkwest Medical Center, No. E2016-01068-COA-R3-CV (Tenn. Ct. App. July 25, 2017), the Tennessee Court of Appeals reversed dismissal of a health care liability (medical malpractice) case based on plaintiff’s failure to provide a HIPAA compliant medical authorization. Plaintiff had hip replacement surgery at defendant hospital, and when…