Personal Injury Law

Leading Tennessee Tort Cases - Comparative Fault - Factors Considered in Fault Allocations

Posted on September 15, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.19 Factors Considered in Fault Allocations The Case: Eaton v...

Wrongful Death of Children in Foster Care

Posted on September 14, 2010
The first law review article on the topic of "Wrongful death of children in foster care" has recently been published in the University of La Verne Law Review, 31(1), 25-44.  The article is co-authored by Daniel Pollack, Professor, School of Social Work, Yeshiva University, and a frequent expert witness in child welfare and foster care cases, and Gary L...

Googling Potential Jurors

Posted on September 11, 2010
  The Internet Cases blog alerted me to this case.  Apparently, plaintiffs counsel in a medical malpractice case began using his laptop to "Google" potential jurors to learn background information about them.  The Court questioned this effort as follows: THE COURT: Are you Googling these [potential jurors]? [PLAINTIFFS COUNSEL]: Your Honor, there's no code law that says I'm not allowed to do that...

Leading Tennessee Tort Cases - Comparative Fault - Effect on Tenn. Code Ann. § 56-7-1201

Posted on September 10, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.18 Effect on Tenn. Code Ann. § 56-7-1201 (Uninsured Motorist Claim) The Case: Poper v...

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Motor Vehicle Injuries and Deaths Decline

Posted on September 10, 2010
U.S. Transportation Secretary Ray LaHood released updated 2009 fatality and injury data showing that highway deaths fell to 33,808 for the year, the lowest number since 1950.  The record-breaking decline in traffic fatalities occurred even while estimated vehicle miles traveled in 2009 increased by 0...

Adobe Online Digital Signing Service

Posted on September 09, 2010
Adobe has created an Online Digital Signing Service.   When the document is digitally signed, no changes may be made to it.  The document is also time-date stamped and certified. Read more here.

Leading Tennessee Tort Cases - Comparative Fault - Effect of Injured Plaintiff's Fault on Recoverability in Loss of Consortium Claimant's Action

Posted on September 08, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.17 Effect of Injured Plaintiff's Fault on Recoverability in Loss of Consortium Claimant's Action The Case: Tuggle v...

Private Investigator Privilege

Posted on September 07, 2010
A lawyer called me the other day and asked me if a lawyer's communications with his or her private investigator are privileged under Tennessee law.   The answer is "yes," as provided in T.C.A. § 24-1-209: Communication between an attorney and a private detective or investigator hired by such attorney, while acting in their respective professional capacities shall be privileged communications...

NPR Article: " Costs of Defensive Medicine May Be Overstated"

Posted on September 07, 2010
This article from NPR caught my eye.  Rep. Tom Price (R-GA), a physician, said recently on the House Republican website America Speaking Out that the tab runs "an astounding $650 billion each year. That's 26 percent of all money spent on health care...

Justice Programs Seminar 2010

Posted on September 05, 2010
Penny White, Joe Riley and I are on the road again this Fall as part of our annual Justice Programs seminar.   You wouldn't be reading this blog if you didn't have an interest in Tennessee tort law, and I will be doing my annual summary of changes in the law of torts as part of the two-day, 15-hour program...

Leading Tennessee Tort Cases - Comparative Fault - Effect of Co-Tortfeasor Committing Intentional Wrong

Posted on September 03, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.16 Effect of Co-Tortfeasor Committing Intentional Wrong The Case: Limbaugh v...

Medicare Reporting as of October 1, 2010

Posted on September 02, 2010
The Garretson Firm Resolution Group has issued this report on the status of reporting personal injury and wrongful death claims and the need for the utilization of medical set asides. The bottom line:  starting October 1, 2010 insurers will be required to gather certain information about claimants asserting personal injury and wrongful death claims and share that information with Medicare...

Leading Tennessee Tort Cases - Comparative Fault - Effect of Concerted Action

Posted on September 01, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.15 Effect of Concerted Action The Case: Resolution Trust Corp...

Pattern Jury Instructions

Posted on August 31, 2010
Tennessee has pattern jury instructions for civil and criminal cases, but our federal judicial circuit only has pattern instructions for criminal cases. Here is a list of the federal circuits that have pattern jury instructions in civil and criminal cases, as well as a link to those instructions...

New Rule Change - Service By Email

Posted on August 30, 2010
Rule 5 of the Tennessee Rules of Civil Procedure was amended to permit papers to be served on attorneys of parties via electronic mail.   Here the language added to Rule 5 to accomplish that result: (2)(a) Service upon any attorney may also be made by sending him or her the document in Adobe PDF format to the attorney's email address, which shall be promptly furnished on request...

Tennessee Trial Law Report - Tort Law Edition

Posted on August 29, 2010
Have you subscribed to the Tennessee Trial Law Report - Tort Law Edition?   Each month Brandon Bass and I summarize the recent Tennessee appellate decisions in the field of tort,civil procedure, evidence and trial law and publish those summaries in the TTLR...

An Example of Why Texting While Driving is a Bad Idea

Posted on August 28, 2010
ABC News reports that  Dr. Frank Ryan, the surgeon who performed extensive plastic surgery early this year on Heidi Montag, was sending a Twitter message about his dog before his fatal car crash Monday in Los Angeles.  The dog, who was in the car at the time of the crash, survived injuries to the head, eye and paw...

Leading Tennessee Tort Cases - Comparative Fault - Duty of Defendant to Allege Causative Acts or Omissions of Another

Posted on August 27, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Cases in Tennessee Tort Law.  To order the book go here.   § 15.14 Duty of Defendant to Allege Causative Acts or Omissions of Another The Case: George v...

New Jersey Spoliation Opinion

Posted on August 26, 2010
New Jersey has a well-developed body of case law on the issue of spoliation of evidence.  Tartaglia v. UBS PaineWebber, Inc.,  961 A.2d 1167 (N.J. 2008) sets forth the history of the development of the law in the state. On August 3, 2010 the Supreme Court of New Jersey issued yet another opinion in the area, this time in the context of construction litigation...

Leading Tennesse Tort Cases - Comparative Fault - Bifurcated Fault Allocations

Posted on August 25, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Cases in Tennessee Tort Law.  To order the book go here. § 15.13 Bifurcated Fault Allocations The Case: Grandstaff v. Hawks, 36 S...

Leading Tennessee Tort Cases - Comparative Fault - Applicability to Nuisance

Posted on August 20, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Cases in Tennessee Tort Law.  To order the book go here. § 15.12 Applicability to Nuisance The Case: Manis v. Gibson, No...

Leading Tennessee Tort Cases - Comparative Fault - Applicability to Fraud

Posted on August 18, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Cases in Tennessee Tort Law.  To order the book go here. § 15.11 Applicability to Fraud The Case: Edwards v. Bruce, C...

Judge Calls Down Lawyers For Deposition Misconduct

Posted on August 16, 2010
All lawyers know that judges don't like discovery disputes, and some lawyers take advantage of that by violating the rules at depositions. United States Magistrate Peggy A. Leen entered this Order when confronted with lawyers who ignored the rules.  An excerpt: The exchanges related in excruciating, repetitive detail in the moving and responsive papers and their attachments were painful to read...

Leading Tennessee Tort Cases - Comparative Fault - Applicability to Breach of Implied Warranty Cases

Posted on August 13, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Cases in Tennessee Tort Law.  To order the book go here. § 15.10 Applicability to Breach of Implied Warranty Cases The Case: Owens v...

Leading Tennessee Tort Cases - Comparative Fault - Allocation of Fault to an Unknown Party in Motor Vehicle Case

Posted on August 11, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Cases in Tennessee Tort Law.  To order the book go here. § 15.9     Allocation of Fault to an Unknown Party in a Motor Vehicle Case The Case: Breeding v...

State of Tennessee Has Subrogation Rights for Payments Made to Crime Victims

Posted on August 10, 2010
There are more and more tort cases arising after criminal acts, and one might forget that the State of Tennessee has subrogation rights to monies received in the later tort action. T.C.A. Section 29-13-113 grants the state a subrogation right in proceeds recovered by the victim in a later torts suit...

Sex Abuse Cases Against Therapists

Posted on August 09, 2010
If you have a potential claim for professional misconduct against a therapist for sexually abusing or inappropriately touching a patient, don't forget that Tennessee has a special act for such torts.  The act is known as the "Therapist Sexual Misconduct Victims Compensation Act...

Leading Tennessee Tort Cases - Comparative Fault - Allocation of Fault to an Unknown Party Generally

Posted on August 06, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Cases in Tennessee Tort Law.  To order the book go here. § 15.8     Allocation of Fault to an Unknown Party Generally The Case: Brown v...

Thanks for the Book Orders

Posted on August 05, 2010
Thanks to each of you who has ordered the third edition of Day on Torts:  Leading Cases in Tennessee Tort Law.     Hundreds of books have been shipped in the last two months and orders are continuing to flow in.   Day on Torts identifies more than 300 Tennessee tort law subjects and provides summary of the leading case on each subject to give you a quick, readable synopsis of current state of the law...

Leading Tennessee Tort Cases - Comparative Fault - Allocation of Fault to a Product

Posted on August 04, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Cases in Tennessee Tort Law.  To order the book go here.   § 15.7     Allocation of Fault to a Product The Case: Owens v...

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