Personal Injury

Posts tagged "Personal Injury" are below. To return to the main blog page, click here.

A Surprising Statute of Limitations for Personal Injury

In Tennessee, lawyers know that the one-year statute of limitations for personal injury matters is an unforgiving deadline.  But, in car wreck cases (as illustrated by the recent case of Bates v. Green) there is at least one circumstance in which a different statute of limitations applies… [Read more…]

Settlement Agreement Enforceable; Attorney Emails Are the Proof

This case is a good example of why attorneys should always demonstrate professionalism in their communications.  You never know when your email to opposing counsel is going to turn up as an exhibit… [Read more…]

Court of Appeals Provides Guidance on Statutory Summary Judgment Standard

The Tennessee Supreme Court’s 2015 decision in Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235 (Tenn. 2015) established that Tennessee generally follows the federal standard where summary judgment motions are concerned, but left many open questions–particularly regarding the interplay between the Rye decision and the pre-existing Tennessee statutory summary judgment standard.  (See our write-ups here and here.)  But, the Court of Appeals has recently provided some help for practitioners… [Read more…]

Dance Party Results in Injuries But No Liability

The Court of Appeals  recently examined potential liability from a deck collapse during a party attended by “a ridiculous amount” of high school students.  The upshot?  It seems like a determination that having lots of people jumping and dancing on a deck doesn’t make it forseeable that the deck could break and hurt people…  [Read more…]

Wrongful Death Claims Present Challenges for Surviving Family Members

The recent Tennessee Court of Appeals case Nelson v. Myres, offers a succinct and helpful analysis as to who has the priority right to bring a wrongful death claim, particularly in the situation where the surviving spouse may bear some responsibility for the death. [Read more…]

Employer Not Responsible For Injuries to Employee Who Was Sent Home For Suspicion of Drug Use

In a negligent entrustment action, the employer’s ability to control the employee when he leaves the premises is the essential issue. Knowledge of the employee’s incompetency is also important.  Here, the facts didn’t establish that the employer was at fault.  [Read more…]

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.

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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…]