In Jackson v. CitiMortgage, Inc., No. W2016-00701-COA-R3-CV (Tenn. Ct. App. May 31, 2017), the Tennessee Court of Appeals affirmed summary judgment on an intentional misrepresentation (or fraud) claim where the plaintiffs could not establish that an “explicit promise or representation was made[.]” During the 2008 recession, plaintiffs defaulted on their…
Woodruff v. Walker, No. W2016-01895-COA-R3-CV (Tenn. Ct. App. May 26, 2017) is anHCLA case that addressed the timeliness of plaintiffs’ claims. Plaintiffs, a mother and child, filed suit alleging that “both plaintiffs suffered permanent injuries resulting from the defendant health care providers’ negligent care during the child’s birth in June…
In Stockton v. Ford Motor Co., No. W2016-01175-COA-R3-CV (Tenn. Ct. App. May 12, 2017), the Court of Appeals vacated a jury verdict in a Tennessee products liability case due to a defective jury verdict form. Plaintiff was the wife of an auto mechanic who owned his own shop. Husband worked…
In an important turn in medical malpractice (now know as health care liability) law, the Tennessee Supreme Court has held that “a prospective plaintiff who provides pre-suit notice to one potential defendant is not required under Tennessee Code Annotated section 29-26-121(a)(2)(E) to provide the single potential defendant with a HIPAA-compliant…
In Vaughn v. Methodist Hospital Staff & Administration, No. W2016-00422-COA-R3-CV (Tenn. Ct. App. May 8, 2017), the Tennessee Court of Appeals affirmed dismissal of a slander claim due to the six-month statute of limitations. Plaintiff, who was proceeding pro se, originally filed her action in general sessions court for “libel/slander/defamation…
In Higgs v. Green, No. M2016-01369-COA-R3-CV (Tenn. Ct. App. May 11, 2017), the Court of Appeals affirmed a jury verdict for defendant in a car accident case. Plaintiff and defendant were involved in a two-car accident in Brentwood. “The accident occurred as Defendant was making a left-hand turn across Plaintiff’s…
In J. Alexander’s Holdings, LLC v. Republic Services, Inc., No. M2016-01526-COA-R3-CV (Tenn. Ct. App. May 12, 2017), the Court of Appeals affirmed dismissal based on the ground of forum non conveniens. Plaintiff restaurant had contracted with defendant for waste removal at some of its locations. The incident from which this…
In Zink v. Rural/Metro of Tennessee, L.P., No. E2016-01581-COA-R3-CV (Tenn. Ct. App. May 2, 2017), the Court of Appeals held that plaintiff’s allegations fell within the HCLA, but that no certificate of good faith was required because the claimed negligence was “subject to the common knowledge exception.” In his complaint,…
In Lacy v. Saint Thomas Hospital West, No. M2016-01272-COA-R3-CV (Tenn. Ct. App. May 4, 2017), a pro se plaintiff brought a claim against several medical providers, alleging that she was “beaten during medical procedures.” Plaintiff did not give pre-suit notice or file a certificate of good faith, and the defendants…
In a recent negligence case, the Court of Appeals vacated summary judgment due to the trial court’s failure to explain the basis upon which summary judgment was granted, and it remanded the case with directions for an order that met the standards of Tennessee Rule of Civil Procedure 56.04 to…