In Wallis v. Brainerd Baptist Church, No. E2015-01827-SC-R11-CV (Tenn. Dec. 22, 2016), the Tennessee Supreme Court analyzed claims against the seller of an AED, and though the claims were framed in the context of the decedent being a third-party beneficiary of the contract between the seller and owner of the…
Tennessee’s personal injury and wrongful death jury trials and judgment amounts continue at historic lows. In the fiscal year ending June 30, 2016, only 396 personal injury and wrongful death cases went to trial. Of those 396 trials, only 190 were jury trials – the rest (206) were non-jury trials.…
In Lurks v. City of Newbern, Tennessee, No. W2016-01532-COA-R3-CV (Tenn. Ct. App. Jan. 26, 2017), the Court of Appeals reminded us once again that evidence of a fall is not enough to establish liability in a slip and fall premises liability case. Here, plaintiff was walking on a city-owned and…
A recent Court of Appeals opinion shows yet another case of a potentially valid health care liability claim failing because of plaintiff’s failure to follow the goofy yet mandatory procedural notice requirements of the HCLA statute. In Piper v. Cumberland Medical Center, No. E2016-00532-COA-R3-CV (Tenn. Ct. App. Jan. 20, 2017),…
Numbers confirm what those of us who represent patients in Tennessee medical malpractice cases thought we knew: the number of claims paid in medical malpractice cases is declining. Using data gather from the National Practioner Data Bank, JAMA Internal Medicine reports that the overall rate of claims paid on behalf…
While a surviving spouse typically has the superior right to bring a wrongful death suit, there are certain exceptions to that rule. In Nelson v. Myres, No. M2015-01857-COA-R3-CV (Tenn. Ct. App. Jan. 18, 2017), the Court held that a suit filed by the deceased’s daughter rather than her husband could…
In Blackwell v. Sky High Sports Nashville Operations, LLC, No. M2016-00447-COA-R9-CV (Tenn. Ct. App. Jan. 9, 2017), the Court of Appeals addressed the issue of whether parents in Tennessee may “bind their minor children to pre-injury waivers of liability, releases, or indemnity agreements,” affirming the existing common law rule such…
So now medical residents in hospitals will be able to work up to 28 hours in a shift. I understand the arguments in favor of this proposal. Longer, and more traditional, hours allow more continuity of care and permits the residents to learn more. If this is true, why not…
In Sakaan v. FedEx Corporation, Inc., No. W2016-00648-COA-R3-CV (Tenn. Ct. App. Dec. 21, 2016), the Court of Appeals affirmed dismissal of a misrepresentation claim based on the statute of limitations. Plaintiff had previously been employed by defendant FedEx, and had been presented with a severance package as part of a…
In Turner v. City of Memphis, No. W2015-02510-COA-R3-CV (Tenn. Ct. App. Dec. 20, 2016), the Court of Appeals affirmed a verdict for plaintiff following a Tennessee head-on car wreck between plaintiff and a police officer. In December 2012, plaintiff and a Memphis police officer were traveling in opposite directions along…