The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.
Does Oral Argument Really Matter?
[Excerpted from materials presented at the Tennessee Appellate Academy in Memphis, Tennessee on April 1.] Can you change a judge’s mind at oral argument? If you are committed to doing one, the only attitude to take is that you can; any other assumption is both risky and counterproductive. One writer stated that “oral arguments are as useless today as the judges during my clerkship...
read moreLater-Filed Claims May Be Barred When “Relation Back Rule” Doesn’t Apply
In the recent case of Bracy v. McDonald, the Tennessee Court of Appeals provide a refresher of how the “relation back rule” works under Tn. R. Civ. P. 15.03. Plaintiff Martin W. Bracey, Jr. was involved in a very serious car collision with a tractor trailer that occurred on August 31, 2012. Bracey suffered horrible injuries, including the loss of one arm, and subsequently filed a lawsuit on July...
read moreCourt of Appeals Opinion Gives Guidance on Slip and Fall Cases
The recent Tennessee Court of Appeals opinion in Brown v. Mercer-Defriese provides an excellent outline for proof to be presented in a premises liability action involving allegations of an unreasonably dangerous step. Nancy Brown, was at a rental property owned by Nancy Mercer-Defriese and Spencer Defriese, viewing the property as a prospective tenant. She tripped over a three-inch “step” or...
read moreLegal Malpractice Case Reinstated; “Savings Statute” Applies to Tolling Agreement
The Tennessee Supreme Court recently issued its opinion in Circle C Construction, LLC. v. D. Sean Nilsen, resulting in the reinstatement of a professional negligence case against a law firm (commonly referred to as a “malpractice” claim). The question in the case was whether a tolling agreement regarding the filing of suit precluded the later use of the “savings...
read moreStatute Makes It Harder for Those Dealing with Mental Decline to Recover If They Are Injured
Historically, a statute of limitations did not run against an injured party if the person was incompetent. The idea was that it was unfair to penalize someone for not bringing suit if he was incapable of doing so. A new Court of Appeals ruling offers the first analysis by a court of the 2011 amendment to Tenn. Code Ann. § 28-1-106, the statute tolling a statute of limitations on the basis of the...
read moreNew 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… The plaintiff was at the Defendant’s home to service a satellite dish for his employer. The defendant...
read moreReleases for Medical Records Remain Tricky Area for MedMal Cases
In medical malpractice cases (or, as they are now called, “healthcare liability” actions), a HIPAA-compliant medical authorization is required so that defendants can obtain the complete medical records for the patient who is bringing suit. This helps everyone have complete information as they are preparing for trial. However, this is not as simple a requirement as it might...
read moreLegislative Update: Judicial Selection in Tennessee
Following the adoption by Tennessee voters in 2014 of a constitutional amendment giving the legislature confirmation power over the governor’s judicial appointees, the General Assembly has been tasked with determining how the legislature will exercise this authority. This issue was not resolved during the 2015 legislative session, which meant that the judges appointed in the interim were...
read moreExamining How Smith v. UHS of Lakeside Is Impacting Summary Judgment
In July 2014, the Tennessee Supreme Court issued its opinion in Smith v. UHS of Lakeside, Inc., 439 S.W.3d 303 (2014). The opinion addressed the correct procedure for a trial court to rule on summary judgment motions. In beginning its analysis, the Supreme Court noted that the appeal required it to address three important procedural principles: 1.) The principle reflected in Tennessee Rule of...
read moreTennessee’s New Summary Judgment Standard: What You Need to Know Now
In the December 2015 edition of the Tennessee Tort Letter, your editors address the new Tennessee Supreme Court opinion in Rye v. Women’s Care Center of Memphis, establishing a new summary judgment standard. Here is an excerpt from the Tennessee Tort Letter’s commentary on the case: One question that arises from this overruling of the Hannan standard is how the Rye case affects...
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