Jury Verdict Reversed; Personal Injury Claim Reinstated
For personal injury claims, exacerbation of previous injuries are fraught with peril. This recent Tennessee Court of Appeals case offers a bit of hope… read more
Tort Law Blog: Is the Common Knowledge Exception Obsolete?
Last month we wrote about the common knowledge exception, and it crops up again this month. Lawyers, be warned: Even if the common knowledge exception applies in a health care liability case so that expert testimony is not required, the failure to file a certificate of good faith may still be fatal… read more
Court Rules on Parent Liability for Acts of Adult Son Living at Home
Parents of “boomerang kids” take note: the Tennessee Court of Appeals has noticed that the number of young adults ages 18 to 34 living with their parents climbed to over 32% in 2014. Read on to see what the Court determined in Riggs v. Wright and what this means for your potential liability for their actions.
New Case Law on the “Sudden Emergency Doctrine”
The recent Tennessee Court of Appeals case Boshears v. Brooks provides practitioners with a good framework for the application of the “Sudden Emergency Doctrine” in negligence actions. read more
Sometimes a slip and fall is really just a slip and fall…
The doctrine of res ipsa loquitur is a rule of evidence intended to assist the plaintiff who has no direct evidence of negligence by providing a way to have circumstantial evidence considered when a plaintiff is trying to proof negligence. The doctrine won’t save a case where there is simply no evidence of negligence, though. 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
Legislative Summary: The Long and the Tort of It
Here are a few items of interest to the tort law practitioner stemming from the Tennessee General Assembly’s last session… read more
Statute of Limitations Bars Subrogation Claim in Car Wreck Case
The Tennessee Court of Appeals case State Farm Mutual Ins. Co. v. Blondin presents a clever (but unsuccessful) attempt to work around a statute of limitations defense. read more
New Dog Bite Case Law in Tennessee
Dog bite cases can be particularly tricky. A recent Tennessee Court of Appeals ruling in the case Moore v. Gaut, No. E2015-00340-COA-R3-CV provides a good overview of the law on the subject and points to the simmering debate of whether specific breeds are inherently dangerous… read more