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. Background Plaintiff James Boshears was a passenger in a vehicle driven by his girlfriend, Nicole Penchion, when an automobile driven by Cleave C. Brooks struck his car. Boshears filed suit against...read more
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. Case: Karla J. Dennis, et al. v. Donelson Corporate Centre I,...read more
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… Background Jean and Fred Dedmon filed a personal injury lawsuit against John T. Cook to recover medical expenses resulting from a car accident between the parties. This dispute arose regarding the...read more
Here are a few items of interest to the tort law practitioner stemming from the Tennessee General Assembly’s last session… There are two new laws that relate to healthcare liability actions. One such law (HB0713/SB0889, sponsored by Rep. Wilburn, R-Somerville, and Sen. Kelsey, R-Germantown) limits certain information about a healthcare provider that can be “used” in a healthcare...read more
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. Background This action arises from an automobile accident that occurred on July 7, 2009. State Farm filed an action to recover amounts paid to its insured, Jenny Rone and a passenger in Ms. Rone’s vehicle under the uninsured...read more
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… The plaintiff was at the Defendant’s home to service a satellite dish for his employer. The defendant...read more
We mourn the passing of Justice Connie Clark and are grateful for her unwavering service to Tennessee’s judiciary and legal community.
Justice Clark at her 2005 swearing-in to the Tenn. Supreme Court, w/ Jeanie Nelson, Gov. Bredesen, Margaret Behm, Julian Bibb, and Harlan Dodson. https://t.co/09nZ2BRfvL