Supreme Court Reaffirms Collateral Source Rule
On June 2, 2016, the Tennessee Court of Appeals issued its opinion in Dedmon v. Steelman, an opinion which was a shot heard around the State of Tennessee regarding its possible impact on the collateral source rule in Tennessee in thousands of personal injury cases. The majority opinion was authored by Judge Brandon Gibson, with a concurrence by Special Judge Joe G. Riley. The impact of the opinion quickly became a heated topic of debate among parties, practitioners, and the bench. Some courts found that the collateral source rule remained in force in Tennessee, and that the Dedmon opinion had changed nothing. Others determined that the collateral source rule had been augmented such that the amount of medical bills that could be proven by the plaintiff as reasonable was only the amount that was actually paid. Some took a hybrid approach, allowing the jury to hear both the full, un-discounted amount of bills as well as the discounted amount. The entire bench and bar waited with baited breath for the Supreme Court to weigh in… read more
Legislative (Non)Update: Legislative Lack of Interest
Pending legislation can often be a harbinger of change, even if it doesn’t pass the first time around. This legislative session has seen several bills that, while unsuccessful this time, might still be of interest to legislators and lawyers next session…
Legislative Update
The General Assembly is back in session and that means that more than a few items of interest will be considered in the next few months. Here are some matters under consideration that will impact the legal system and the ability of Tennesseans to have access to justice. read more
Collateral Source Rule under Attack
This article by Donald Capparella originally appeared in the Tennessee Tort Law Letter.
The Court of Appeals recently decided a case that will affect every personal injury case in Tennessee… read more