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Day on Torts

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Weakley County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Weakley County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…

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Legal malpractice claim time-barred.

Plaintiff’s legal malpractice claim accrued when he received the order stating that some of his claims in a previous case were dismissed with prejudice. In Abdou v. Clark, No. M2023-01461-COA-R3-CV (Tenn. Ct. App. July 3, 2024), plaintiff hired defendants to represent him in a lawsuit against several individuals. During the…

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TPPA dismissal appropriate in defamation case involving Google reviews

A real estate professional who served as HOA president and who assisted with the development of a residential community qualified as a limited public figure for purposes of a google review about changes to the development. In Charles v. McQueen, No. M2021-00878-SC-R11-CV (Tenn. July 3, 2024), plaintiff worked as a…

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Lincoln County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Lincoln County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…

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Cocke County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Cocke County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…

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Discussion of the “common knowledge” and “extraordinary cause” excuses to avoid compliance with filing a certificate of good faith

Thinking about not filing a certificate of good faith in a health care liability action in Tennessee?  Read this opinion to learn the potential issues when one raises the “common knowledge” exception to the general rule requiring experts in such cases and the “extraordinary cause” required to avoid dismissal if…

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Default judgment and damages affirmed in shooting case

Where a premises liability defendant failed to file an answer and first participated in the case seven years after it was commenced, denial of his motion to set aside the default judgment was affirmed. In Crutcher v. Ellis, No. M2023-00283-COA-R3-CV (Tenn. Ct. App. June 4, 2024), plaintiff was shot at…

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Slip and fall summary judgment affirmed.

A premises liability plaintiff must have evidence that a dangerous condition existed and that defendant had notice (actual or constructive) of the condition to survive summary judgment. In Farmer v. Wal-Mart Stores East, LP, No. W2023-00468-COA-R3-CV (Tenn. Ct. App. May 29, 2024), plaintiff slipped and fell while getting a shopping…

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Dyer County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Dyer County, Tennessee during the last six fiscal years ending June 30, 2023. BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice,…

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Conversion dismissal affirmed due to lack of particularity in complaint.

Poor pleading of conversion in a case involving trust required dismissal of conversion claim.  Particularity in pleading is required for such claims. In Stalnaker v. Cupp, No. M2023-00404-COA-R3-CV (Tenn. Ct. App. June 18, 2024), plaintiff was the sole beneficiary of a residual trust, and plaintiff and defendant were co-trustees. A…

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