personal injury Archives - Page 3 of 3 - Dodson Parker Behm & Capparella, PC

Sometimes a slip and fall is really just a slip and fall…

Aug 1, 2016

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...

Collateral Source Rule under Attack

Jul 15, 2016

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...

Legislative Summary: The Long and the Tort of It

Jul 10, 2016

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,...

Statute of Limitations Bars Subrogation Claim in Car Wreck Case

Jun 25, 2016

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...

New Dog Bite Case Law in Tennessee

Feb 18, 2016

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...

Sometimes a slip and fall is really just a slip and fall…

Collateral Source Rule under Attack

Legislative Summary: The Long and the Tort of It

Statute of Limitations Bars Subrogation Claim in Car Wreck Case

New Dog Bite Case Law in Tennessee

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