Day on Torts

November 25, 2024

Trial court dismissal of uninsured motorist carrier overturned.

Where the trial court dismissed plaintiff’s claims against her uninsured motorist insurance carrier without stating any reason for the dismissal, the dismissal was vacated.

In Saulsberry v. Shannon, No. W2023-00532-COA-R3-CV (Tenn. Ct. App. Nov. 18, 2024) (memorandum opinion), the plaintiff filed suit against several defendants in connection with a car accident: the Shannons, three John Does, and the plaintiff’s uninsured motorist insurance carrier. Service was never issued for the John Does, and service on the Shannons was returned as “service incomplete.” No additional service was issued for the Shannons.

Plaintiff eventually moved to have her case consolidated with one the Shannons had filed against her. Consolidation was granted. Counsel for plaintiff and counsel for the Shannons corresponded about the complaint initially filed by plaintiff, but no additional summons was issued.

November 21, 2024

Benton 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 Benton 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 Benton County court system.

November 20, 2024

Tort claim barred by economic loss doctrine.

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

Where plaintiff brought a tort action against defendant based on defective products made pursuant to a contract between the parties, dismissal based on the economic loss doctrine was affirmed.

In Vidafuel, Inc. v. Kerry, Inc., No. M2024-00041-COA-R3-CV (Tenn. Ct. App. Nov. 4, 2024), the plaintiff developed and distributed wellness protein drinks. The plaintiff contracted with the defendant to manufacture these drinks, and problems began early in the relationship. Samples provided were not adequate, shipments that went out received customer complaints and had to be pulled, and the defendant failed to ever create a product that met the plaintiff’s quality requirements.

Plaintiff filed this suit asserting claims for negligent or intentional misrepresentation, deceit/fraudulent inducement, and violations of the Tennessee Consumer Protection Act (“TCPA”). The plaintiff argued that the claims were not based on the contract but were instead based on the defendant’s representations about its ability to manufacture the product. The defendant filed a motion to dismiss, arguing that the economic loss doctrine barred the plaintiff’s tort claims and that the TCPA claim was time-barred. The trial court agreed, dismissing the claims, and the Court of Appeals affirmed.

November 19, 2024

Wayne 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 Wayne 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 Wayne County court system.

November 15, 2024

Malicious prosecution claim dismissed under TPPA.

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

Where plaintiff did not have evidence that an ethics complaint filed with the real estate commission by defendant was decided on the merits and due to plaintiff’s innocence, plaintiff’s malicious prosecution claim should have been dismissed pursuant to defendant’s TPPA petition.

In Gersper v. Turner, No. M2022-01136-COA-R3-CV (Tenn. Ct. App. Oct. 23, 2024), plaintiff and defendant owned condos in the same building. When defendant resigned from the building’s board after opposition from several owners, plaintiff took his seat. While campaigning to retain the seat, plaintiff, who was a realtor, made a video showing current issues with the building. Plaintiff circulated the video to other board members, but defendant also eventually saw the video.

Based on this video, defendant filed a complaint with the Tennessee Real Estate Commission, asserting among other things that plaintiff was hurting the value of the property. The Commission sent defendant a letter two months later stating that the complaint had been reviewed by the legal staff and presented to the Commission, and “[t]he decision has been taken to close the complaint with no action.”

November 14, 2024

Polk 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 Polk 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 Polk County court system.

November 13, 2024

Common knowledge exception did not apply to HCLA transport case.

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

Plaintiff’s HCLA claim that defendant medical facility failed to advise a transportation service of his mobility issues required expert medical proof.

In Dickerson v. United Medical Transportation LLC, No. W2023-01084-COA-R3-CV (Tenn. Ct. App. Oct. 23, 2024), plaintiff had been a patient at defendant medical facility. Upon plaintiff’s discharge, defendant arranged for transportation for plaintiff with a transport service. The service did not assist plaintiff when he was getting out of the car, and he fell, injuring himself.

Plaintiff filed this HCLA claim asserting that defendant “failed to inform [the transport service] of his medical conditions, including his fall risk status, while arranging for his transportation.” Defendant moved for summary judgment based on a lack of duty and the assertion that plaintiff had no ambulatory issues, and plaintiff responded by filing the affidavit of an expert with a background in transportation. Notably, this expert had no medical training or licensure. The trial court granted summary judgment to the defendant, ruling that plaintiff would need expert testimony to support his claim, and the Court of Appeals affirmed.

November 12, 2024

Chester 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 Chester 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 Chester County court system.

November 7, 2024

Haywood 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 Haywood 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 Haywood County court system.

November 6, 2024

Truck stop had no duty to driver turning from city road.

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

Where decedent was killed in a car accident that occurred when a driver on a city-controlled street was turning into defendant truck stop, the truck stop did not owe a duty of care to the decedent.

In Mershon v. HPT TA Properties Trust, No. M2023-01334-COA-R3-CV (Tenn. Ct. App. Oct. 11, 2024), plaintiff filed a wrongful death negligence action after her husband was killed in an accident. The decedent was driving a motorcycle when the driver of an SUV turned across the decedent’s lane to attempt to enter defendant truck stop’s parking lot. The entry in question was marked as being for semi-trucks, not passenger vehicles, and there was limited visibility due to a hill on the road.

Plaintiff alleged that defendant truck stop “created a hazardous condition by failing to display clearly visible signage at the ‘trucks only’ entrance of the TA truck stop directing passenger vehicles to the proper entrance located a short distance down Long Lane.” After an earlier dismissal was reversed on appeal, defendant filed a motion for summary judgment arguing that plaintiff could not show that defendant owed a duty. The trial court agreed, granting summary judgment, and the Court of Appeals affirmed.