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…]

Is a Picture Worth a Thousand Words of Medical Testimony?

In the recent Tennessee Court of Appeals case,  Garvin v. Malone, the Plaintiffs wanted to introduce pictures of a damaged vehicle to prove the extent of the physical injuries they suffered in a car crash.  It does raise an interesting question: what correlation is there between the damage that appears on a car following a collision and the injuries to the bodies inside that car?  And does this rise to the level of relevant evidence?  The trial court and Court of Appeals say yes… [Read more…]