Day on Torts

January 3, 2025

Late-filed evidence not allowed in TPPA petition hearing.

Plaintiff construction company should not have been allowed to file a deposition transcript related to its argument against dismissal under the TPPA after the TPPA hearing had concluded.

In Kedalo Construction, LLC v. Ward, No. M2024-00224-COA-R3-CV (Tenn. Ct. App. Nov. 26, 2024), the plaintiff construction company and the defendant store owner disagreed about construction work done by the plaintiff pursuant to a contract between the parties. The defendant created a website and Facebook page detailing her experience with the plaintiff company, and she left multiple reviews online “accusing the company of misconduct,” including the theft of tiles.

The plaintiff construction company filed this suit for defamation, and the defendant responded with a petition to dismiss under the TPPA. After substantial delays and a hearing, the trial court denied the petition to dismiss, ruling only that “Defendants [had] not met their burden.” On appeal, this ruling was reversed.

January 2, 2025

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

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Houston 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 Houston County court system.

December 31, 2024

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

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Trousdale 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 Trousdale County court system.

December 26, 2024

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

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Decatur 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 Decatur County court system.

December 24, 2024

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

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Jackson 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 Jackson County court system.

December 20, 2024

TPPA petition to dismiss not affected by nonsuit where defendant also filed motion for summary judgment.

by The Law Offices of John Day, P.C.

Where defendant had filed both a TPPA petition to dismiss and a motion for summary judgment, plaintiff was not allowed to voluntarily dismiss the action against that defendant.

In Garramone v. Dugger, No. M2023-00677-COA-R3-CV (Tenn. Ct. App. Nov. 25, 2024), plaintiff filed a false light invasion of privacy claim against defendants based on events that occurred when plaintiff ran for re-election as a city commissioner. According to plaintiff, defendants were involved in creating a website that alleged plaintiff had been given a free pass on drinking and driving and speeding because she was a commissioner.

Defendant Curtsinger and Defendant Patrick both filed petitions to dismiss under the Tennessee Public Participation Act. Defendants asserted that the claim was related to their exercise of free speech. Defendant Patrick also filed a motion for summary judgment.

December 19, 2024

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

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Lewis 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 Lewis County court system.

December 18, 2024

Premises liability summary judgment based on contractor exception overturned.

by The Law Offices of John Day, P.C.

Where the decedent was an independent contractor who died when a lifting mechanism in the factory failed, there were questions of fact regarding whether the defendant company owed a duty to the decedent, so summary judgment for the defendant company was reversed.

In Lowe v. Bridgestone Americas Tire Operations, LLC, No. M2023-01774-COA-R3-CV (Tenn. Ct. App. Nov. 21, 2024), the decedent was employed by Cumberland Machine Company and worked as a millwright. Cumberland and the defendant were separate entities, but Cumberland had a space inside the defendant’s plant, which is where the decedent worked. The decedent’s job included clearing clogged vent holes in 2,000+ pound tire molds. While flipping a mold pursuant to the defendant’s process, the mold fell onto the decedent, seriously injuring him. The decedent later died of his injuries.

The decedent’s wife filed this premises liability/wrongful death case against the defendant. The defendant filed a motion for summary judgment, asserting that it owed no duty to the decedent and that the plaintiff’s exclusive remedy was workers’ compensation. While the trial court denied summary judgment based on the workers’ compensation argument, it agreed that the defendant owed no duty to the decedent. On appeal, summary judgment based on the lack of duty was reversed.

December 17, 2024

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

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Meigs 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 Meigs County court system.

December 12, 2024

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

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Grundy 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 Grundy County court system.