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Proof related to potential damages alone are insufficient to sustain a legal malpractice claim in Tennessee.

In Cox v. Vaughan, No. E2023-00930-COA-R3-CV (Tenn. Ct. App. April 10, 2024) (memorandum opinion), plaintiff filed a legal malpractice claim against defendant attorney. Plaintiff and defendant previously contracted for defendant to represent plaintiff in claims related to an automobile accident. Defendant never filed any claim and avoided communicating with plaintiff. After plaintiff filed a complaint with the Board of Professional Responsibility, defendant returned plaintiff’s retainer fee.

Plaintiff subsequently filed this legal malpractice suit, alleging that she suffered damages due to defendant’s failure to follow through on her case. Defendant moved for summary judgment. He asserted that, pursuant to the representation agreement, the scope of his representation of plaintiff was limited to “claims against GMC for breach of contract of implied and express warranties.” Because the statute of limitations for such claims is six years, defendant argued that the claims still existed and plaintiff suffered no damage.

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The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Greene 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, and click on Court Statistics.

Click on the link for more information on the Greene County court system.

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When a process server gave the HCLA summons and complaint to a hospital employee, insufficient service resulted in dismissal of the case.

In Roberts v. Hinkle, No. W2022-01714-COA-R3-CV (Tenn. Ct. App. April 9, 2024), plaintiff filed an HCLA suit against defendant doctor related to an allegedly negligent surgery. Defendant raised the affirmative defense of insufficient service of process in his answer. Later, he filed a motion to dismiss based on insufficient service of process and the statute of limitations. The trial court granted the motion, dismissing the case, and the Court of Appeals affirmed.

Tennessee Rule of Civil Procedure 4.04 lays out the proper process for service of a lawsuit in Tennessee. “Although personal service of process is the preferred method of service upon an individual defendant, service may also be had upon an agent authorized by appointment or by law to receive service on behalf of the defendant.” (internal citation and quotation omitted).

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The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Robertson 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, and click on Court Statistics.

Click on the link for more information on the Robertson County court system.

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The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Putnam 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, and click on Court Statistics.

Click on the link for more information on the Putnam County court system.

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A finding of trespass requires a court to award nominal damages under Tennessee law.

In Dorer v. Hennessee, No. M2023-00729-COA-R3-CV (Tenn. Ct. App. Apr. 12, 2024) (memorandum opinion), the Court of Appeals overturned a trial court’s refusal to award damages after a trespass finding. While the Court deemed most of appellant’s issues waived on appeal due to insufficient briefing, it reversed the denial of trespass damages.

The trial court ruled that appellee trespassed but refused to award damages due to his “good faith.” On appeal, appellant correctly asserted that good faith is not relevant to determining whether a person trespassed. (internal citation omitted). When a litigant proves trespass, the property owner receives at least nominal damages. (internal citation omitted).

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The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Maury 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, and click on Court Statistics.

Click on the link for more information on the Maury County court system.

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The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Madison 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, and click on Court Statistics.

Click on the link for more information on the Madison County court system.

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Where a housekeeper failed to use wet floor signs in a dorm bathroom, plaintiff received damages for the negligence of a state employee.

In Hood v. State of Tennessee, No. E2023-00773-COA-R3-CV (Tenn. Ct. App. April 3, 2024), plaintiff was a student at the University of Tennessee. Her dorm room included a bathroom area at the entry, with two bedrooms adjoining the bathroom. The bathroom connected to the dorm hallway. After arriving at her room one day, she crossed the bathroom floor to her bedroom. The floor was dry at that time. She ate lunch with headphones in, then went back out to the bathroom. When she stepped into the bathroom, she fell on a wet substance that smelled like cleaner and broke her arm.

Plaintiff filed her claim with the Tennessee Claims Commission for her “injuries caused by the negligence of a state employee.” Plaintiff testified that the floor was saturated when she fell. In fact, her clothes soaked through, requiring her to change before going to the hospital. Plaintiff provided a detailed timeline of when she likely arrived and how long she ate lunch. She asserted that the floor was wet from being cleaned while she ate lunch in her room, and that the housekeeper failed to warn her of the wet floor.

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The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Sevier 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, and click on Court Statistics.

Click on the link for more information on the Sevier County court system.

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Contact Information
Brentwood Office
Mailing Address
5141 Virginia Way, #270
Brentwood, TN 37027
Toll Free: 866.812.8787
Phone: 615.742.4880
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