In K.G.R. v. Union City School District, No. W2016-01056-COA-R9-CV (Tenn. Ct. App. Dec. 14, 2016), the Court of Appeals overturned a denial of summary judgment, determining that the incident that occurred was not foreseeable and that defendant had no duty to protect the minor plaintiff from a sexual assault. Plaintiff…
Day on Torts
Maury County Fall Down Case Falls Down. Hard.
Not every fall results in a successful premises liability case, as the plaintiffs in a recent Tennessee Court of Appeals case were reminded. In Woodgett v. Vaughan, No. M2016-00250-COA-R3-CV (Tenn. Ct. App. Dec. 13, 2016), plaintiff filed suit after falling while she was viewing defendants’ home, which was listed for…
Exclusion of Expert Testimony Reversed – New Trial Ordered
In Holmes v. Christ Community Health Services, Inc., No. W2016-00207-COA-R3-CV (Tenn. Ct. App. Nov. 29, 2016), the Court of Appeals overturned the exclusion of expert testimony in an HCLA case. In 2004, plaintiff fell and hurt her right shoulder, and she did not seek treatment until five days after her…
Tennessee’s “Rule of Sevens” Applied to Dismiss Case
Citing the Rule of Sevens, the Court of Appeals recently affirmed a finding that a 13-year-old was solely responsible for his injury when he fell on the bleachers at his school. In Crockett v. Sumner County Board of Educ., No. M2015-02227-COA-R3-CV (Tenn. Ct. App. Nov. 30, 2016), injured plaintiff and…
Sanctions Awarded Against Lawyers After Abuse of Process Case Dismissed
In Parvin v. Newman, No. E2016-00549-COA-R3-CV (Tenn. Ct. App. Dec. 9, 2016), the Court of Appeals affirmed summary judgment for defendant in an abuse of process claim. Husband and wife had litigated a contentious divorce, and during the course of that proceeding, wife had filed a Motion to Impose Sanctions…
Tennessee Slip And Fall Case Dismissed
In Miller v. Jackson-Madison County General Hospital District, No. W2016-01170-COA-R3-CV (Tenn. Ct. App. Dec. 8, 2016), the Tennessee Court of Appeals affirmed summary judgment in a slip and fall case based on a lack of proof of notice of the dangerous condition. Plaintiff was visiting her brother at defendant hospital…
Court Orders New Trial – Jury Disregarded Expert Testimony
In Kempson v. Casey, No. E2015-02184-COA-R3-CV (Tenn. Ct. App. Nov. 2, 2016), the Court of Appeals vacated a jury’s finding of no damages for a plaintiff who presented uncontroverted expert proof regarding injuries he alleged to have sustained in a car accident. Plaintiff was rear-ended by defendant when he was…
Father Had Duty to Hold Ladder for Son During RV Exterior Cleaning
In Hoynacki v. Hoynacki, No. E2015-02084-COA-R3-CV (Tenn. Ct. App. Oct. 31, 2016), the Court of Appeals overturned summary judgment in a case about whether a dad had a duty to hold or stabilize a ladder for his son. Defendant father owned an RV, and while he was camping in North…
Certificate of Good Faith Required When Expert Must Prove Causation
In Redick v. Saint Thomas Midtown Hospital, No. M2016-00428-COA-R3-CV (Tenn. Ct. App. Oct. 26, 2016), the Court addressed the need for a certificate of good faith in an HCLA (f/k/a Tennessee medical malpractice) claim when the breach of duty question falls within the common knowledge exception, but the causation portion…
Proving Damages in a Conversion Case
In Hamilton v. Holderman, No. M2015-02302-COA-R3-CV (Tenn. Ct. App. Oct. 27, 2015), the Tennessee Court of Appeals affirmed a damages award in a conversion case. In the underlying dispute, plaintiffs had rented a furnished house and barn to defendants, which the defendants argued they had orally agreed to buy. Plaintiffs…