Day on Torts
Tennessee’s tort and health care liability action trials came near to a screeching half for the fiscal year ending June 30, 2021.
There were only 31 jury and 113 nonjury tort trials in twelve months, and only 1 jury and 7 nonjury health care liability cases tried during the same period. Jury trials in tort cases were down over 70% from the year ending June 1, 2020 (108 to 31) and nonjury trials were down only slightly (121 to 113). HCLA jury trials were down over 80% (6 to 1) and nonjury HCLA cases were up slightly from 3 to 7).
In the HCLA cases, damages were awarded to the plaintiff in only one case (12.5% of cases).
In the tort cases, damages were awarded in 43 cases (29.9% of cases).
(We cannot say that the plaintiff “won” the cases in which damages were awarded. The plaintiff “prevailed” in those cases, but a “winning” is different than “prevailing.”)
In tort cases there were 9 judgments for more than $100,000, three of which were for more than $1,000,000. The other 34 cases resulted in a judgment of less than $100,000.
The sole HCLA award for a plaintiff was in Shelby County – $861,457.
Counties with trials in tort cases:
Johnson – 1 (jury )
Washington – 2 (both nonjury)
Sullivan – 1 (jury)
Greene – 1 (nonjury)
Hamblen – 1 (jury)
Sevier – 2 (both nonjury)
Knox – 26 (13 of each)
Claiborne – 1 (nonjury)
Morgan 6 (all nonjury)
Bradley 2 (nonjury)
Monroe (jury)
Hamilton 22 (2 jury, 20 nonjury)
Wilson 1 (jury)
Rutherford 3 (one jury, 2 nonjury)
Bedford 2 (both nonjury)
Sumner 8 (2 jury, 6 nonjury)
Montgomery 9 (1 jury, 8 nonjury)
Davidson 11 (4 jury, 7 nonjury)
Williamson 5 (3 jury, one nonjury)
Dickson 1 (jury)
Madison 5 (1 jury, 4 nonjury)
Dyer 1 (nonjury)
Shelby 31 (1 jury, 30 nonjury)
Counties with HCLA trials:
Hamilton 3 (nonjury)
Rutherford 2 (one jury, one nonjury)
Shelby 3 (nonjury)
Seventy-two counties had no tort or HCLA cases