Where a child’s booster seat was only dangerous because it was used in conjunction with an aftermarket seat belt extender, the booster seat manufacturer had no duty to warn purchasers of that potential danger under Tennessee products liability law.

In Woodruff v. Ford Motor Company, No. E2023-00488-COA-R3-CV (Tenn. Ct. App. May 28, 2024), plaintiff’s husband was killed and her children were severely injured in a car accident. At the time of the accident, her husband was driving a Nissan vehicle. Her son sat in the back seat in a booster seat manufactured by defendant. Because the car had recessed seat belt receivers, the husband had added a seat belt extender to the back seat belt and used it on the seat belt securing the son in the booster seat. The seat belt extender was not manufactured by the same company as the booster seat and had no affiliation with the booster seat.

After the accident, plaintiff filed this products liability case against several manufacturers and sellers. (See this post for a separate opinion in this case affirming summary judgment for Ford Motor Company as the manufacturer of the seat belt extender). Relevant to this opinion, the trial court granted summary judgment to defendant booster seat manufacturer, finding that defendant had no duty to warn about a seat belt extender that it did not manufacture or sell. The Court of Appeals affirmed this ruling.

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

Because a seat belt connector was safe for its intended use when it left the manufacturer, the manufacturer was entitled to summary judgment on plaintiff’s failure to warn claim.

In Woodruff v. Ford Motor Company, No. E2023-00889-COA-R9-CV (Tenn. Ct. App. May 20, 2024), plaintiff’s husband was killed and her children were severely injured in a car accident. At the time of the accident, her husband was driving a Nissan vehicle. Her son sat in a booster seat in the back seat. Because the car had recessed seat belt receivers, the husband had added a seat belt extender to the back seat belt. The seat belt extender attached to the seat belt securing the son and his booster seat.

The seat belt extender bore defendant Ford’s brand on it. Ford worked with another company to design and create the extender, then sold it to Ford dealerships. The extender was intended to be used for adults who needed additional seat belt room in the front seat of a specific model of Ford vehicle. The extender in use by plaintiff’s son was purchased from a person who worked at a Ford dealership.

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

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

Signing an optional arbitration agreement during the process of signing other nursing home admission paperwork is a legal decision, not a healthcare decision, according to the Tennessee Supreme Court.

In Williams v. Smyrna Residential , LLC, 685 S.W.3d 718 (Tenn. 2024), Granville Williams, Jr. (“Williams”) executed a durable power of attorney (“POA”) appointing his daughter, Karen Sams (“Sams”), as his attorney-in-fact. This POA gave Sams authority to act for Williams “in all claims and litigation matters.” The POA did not mention healthcare decisions and no healthcare POA was executed.

In 2020, Sams assisted with Williams’ admission to defendant nursing home. Sams signed the admission paperwork for Williams, which included an arbitration agreement. Although the admission contract stated that it incorporated the terms of the arbitration agreement, the arbitration agreement itself stated that it was optional and “not a condition of admission” to the nursing home. Two months later, Williams died.

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

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

July 1, 2024 is the effective date for changes to the Tennessee Rules of Civil Procedure and Evidence.

That is why I created a new book that contains the up-to-date Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition).  It has the rules you need on motion day or in trial, and no other rules that only add only bulk.  Who needs to haul the  Tennessee Supreme Court rules,  the Tennessee Rules of Appellate Procedure, etc.  to a trial court?  No one.

The book is in a 6 x 9 format.  It uses a larger font that other rule books and is printed on white paper to make it easier to read.  It weighs less than 20 oz. and is only 3/4″ deep.  It is easily fits in your briefcase or bag.

A healthcare power of attorney does not give the attorney-in-fact authority to sign an optional arbitration agreement on behalf of a patient.

In Hall v. Quality Center for Rehabilitation and Healing, LLC, No. M2022-01028-COA-R3-CV (Tenn. Ct. App. May 9, 2024), plaintiff’s husband died at a hospital after living at defendant nursing home. Before admission to the nursing home, the husband signed a healthcare power of attorney granting plaintiff/wife the authority to make health care decisions on his behalf. Plaintiff signed the nursing home admission form for her husband, as well as an optional arbitration agreement upon admission.

After the husband’s death, plaintiff filed this wrongful death case. Defendant moved to have the trial court compel arbitration based on the optional arbitration agreement plaintiff signed. The trial court denied the motion to compel arbitration, and the Court of Appeals affirmed.

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