Personal Injury Law

Tennessee's Leading Tort Cases - Breach of Promise to Marry

Posted on June 17, 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. § 12.1     Generally The Case: Rivkin v. Postal, No...

SVMIC Slashes Medical Malpractice Insurance Rates Effective May 15, 2010

Posted on June 15, 2010
You won't read about this anywhere else. State Volunteer Mutual Insurance Company, the doctor-owned medical malpractice insurer that insures the vast majority of non-university based physicians in Tennessee, has slashed medical malpractice insurance rates...

Tennessee's Leading Tort Cases - Bad Faith Failure to Settle (Common Law Claim)

Posted on June 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 Tennessee Tort Cases.  To order the book go here. § 11.1     Generally The Case: Johnson v. Tennessee Farms Mut...

"Stop Me Before I Masturbate to Death"

Posted on June 10, 2010
I file lawsuits for a living.  Thus, I understand that reasonable minds often differ about whether there is liability in a given situation, often because there is a dispute about the facts.  I also understand the idea of pushing the legal envelope - of attempting to expand the law to create a cause of action that will advance the overall cause of justice...

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Preventing Pressure Sores

Posted on June 10, 2010
"Pressure Ulcers in the Surgical Patient" is a 38-page study guide prepared for health care providers prepared on behalf of Kimberly-Clark Health Care Education.  Although the article focuses on pressure sores and burns that arise in the care of treatment of surgical patients, the information will be helpful to anyone who is handling a pressure ulcer case.

Creating Hyperlinks in Abode PDFs

Posted on June 08, 2010
Ok, so this post  is not about tort law.  But it is information that tort lawyers (or their assistants) can use. Sometimes it is handy to create a demand letter or another document and use hyperlinks to allow the reader to quickly and easily view other documents that will be of assistance to the reader...

Tennessee Legislation - 2010

Posted on June 07, 2010
Starting next week I will begin to write about  the bills that passed the 2010 General Assembly that are of interest to tort lawyers.   There are fewer tort law-related bills in 2010  than there were in 2009, but the changes that have been made are changes you should know about.

SCOTUS To Consider Seatbelt Preemption Case

Posted on June 03, 2010
The United States Supreme Court has agreed to consider whether the family of a woman killed in a car accident should be permitted to bring suit against Mazda Motor Corp. alleging that the death was caused by the failure of Mazda to install three-point seatbelts in its 1993 MPV minivan...

Tennessee's Leading Tort Cases - Bad Faith Failure of Insurer to Pay First Party Claim (Statutory Cause of Action)

Posted on June 02, 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. § 10.1     Generally The Case: Ginn v. American Heritage Life Ins...

Tennessee Municipal Codes and Charters

Posted on June 01, 2010
The University of Tennessee Institute for Public Service, Municipal Technical Advisory Service,   has a collection  of municipal codes and charters of most of the cities in Tennessee.  

Tennessee Trial Law Report

Posted on June 01, 2010
The June 2010 edition of the Tennessee Trial Law Report - Tort Law Edition will be  emailed to our subscribers on June 2nd.  The newsletter addresses recent developments in tort, evidence, civil procedure and trial law in Tennessee. The newsletter has been published for 19 months and has been distributed in print via snail mail...

Tennessee's Leading Tort Cases - Attorney's Lien - Generally

Posted on May 28, 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.  The book will be available about May 28, 2010.  To order the book go here. § 9.1       Generally The Case: Schmitt v...

Tennessee's Leading Tort Cases - Attorney's Fees - Fees Charged to Minors

Posted on May 26, 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.  The book will be available about May 28, 2010.  To order the book go here. § 8.3       Fees Charged to Minors The Case: Wright v...

Fourth Circuit Remands Case That Slashed Contingent Fee

Posted on May 25, 2010
The Court of Appeals for the 4th Circuit ordered a district judge to re-consider the fee to be awarded to plaintiff's counsel in a personal injury case that resulted in a $18M dollar settlement.  The district court had cut the fee from $6M to $600,000...

A Conversation With A Doctor Who Wanted To File A Malpractice Case

Posted on May 24, 2010
Max Kennerly has this interesting post that sprung from a post on Kevin, M.D. about a doctor who was a victim of poor medical care.  The doctor went to a lawyer, not because she wanted money (she said) but because she wanted an apology.  The lawyer couldn't take her case because it was not economically viable...

Tennessee's Leading Tort Cases - Attorney's Fees - Contingency Fees

Posted on May 21, 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.  The book will be available about May 28, 2010.  To order the book go here.   § 8.2       Contingency Fees  The Case: White v...

Don't Do That

Posted on May 21, 2010
Are you a male lawyer who finds a woman in your office particularly attractive?   Are you weird enough to even contemplate secreting a camera under her desk and filming  ...  whatever? Well, it allegedly crossed the mind of this Atlanta tax lawyer, and he is accused of actually putting his thoughts into action...

Tennessee County Maps

Posted on May 20, 2010
Can't quite figure out if that automobile accident case happened in Davidson or Wilson County, Tennessee?   This website has a detailed map of every Tennessee county that you can use to start your investigation into this issue.

Tennessee's Leading Tort Cases - Attorney's Fees - Apportionment of Fees in Cases with Workers' Compensation Subrogation Interest

Posted on May 19, 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.  The book will be available about May 28, 2010.  To order the book go here. § 8.1       Apportionment of Fees in Cases with Workers' Compensation Subrogation Interest The Case: Rushing v...

Tennessee Trial Judge Statistics

Posted on May 18, 2010
The Tennessee Administrative Office of the Courts has released a database that allows the public to see what number of cases were closed in each judicial district and by each of the trial judges in the state.  The database allows searches by judicial district or by judge...

Tennessee's Leading Tort Cases - Assumption of Risk - Contractual Waiver of Liability

Posted on May 16, 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.  The book will be available about May 1, 2010.  To order the book go here. § 7.2       Contractual Waiver of Liability The Case:  Olson v...

Slight Delay on Shipping 3rd Edition of Day on Torts

Posted on May 16, 2010
The horrible flooding in Nashville has delayed our printer's ability to finish the 3rd edition of Day on Torts.  It now looks like we will not be able to ship the book until May 28, 2010.    Day on Torts:  Leading Cases in Tennessee Tort Law consists of a summary of the leading case on over 300 subjects in Tennessee tort law...

A Court Calls Out a Jerk

Posted on May 14, 2010
Plaintiff had the obligation to seek attorneys fees in a case by a date certain.  Plaintiff''s counsel and defense counsel agreed on multiple occasions to extend the deadline so that they can negotiate the fee issue, but Plaintiff failed  to file a written stipulation concerning the extension with the Court as required...

Tennessee's Leading Tort Cases - Assumption of Risk - Generally

Posted on May 12, 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.  The book will be available about May 1, 2010.  To order the book go here. § 7.1       Generally The Case: Perez v...

Ohio Permits Evidence of Write-offs Of Medical Bills

Posted on May 10, 2010
The Ohio Supreme Court has ruled that a defendant in a personal injury action may introduce evidence that plaintiff's health care provider "wrote off" certain medical charges for care given to the plaintiff. The plaintiff was billed $21,874...

Tennessee's Leading Tort Cases - Assault and Battery - Defense - Self-Defense

Posted on May 07, 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.  The book will be available about May 1, 2010.  To order the book go here. § 6.6       Defense – Self-Defense The Case:  Poliak v...

Tennessee's Leading Tort Cases - Assault and Battery - Defense - Provocation

Posted on May 05, 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.  The book will be available about May 1, 2010.  To order the book go here. § 6.5       Defense – Provocation The Case: Poliak v...

Gulf Oil Spill: The Impact of Damage Caps Will Be Felt By Tens of Thousands

Posted on May 04, 2010
You haven't seen much about it in the press yet,  but BP has the benefit of a cap that will probably limit its liability for the oil spill in the Gulf.  Section 1004 of the Oil Pollution Act (OPA), passed into law in August 1990 after the Exxon Valdez incident, limits the liability of holders of leases or permits for offshore facilities to $75 million per spill, plus removal costs...

Oprah Lends Support to Safe Driving Practices

Posted on May 03, 2010
PC Magazine Oprah Winfrey has been urging her viewers to promise not to text or make telephone calls while driving.   Last Friday she dedicated her show to the subject. Some 23 states, including Tennessee, have laws banning texting while driving...

Johnson and Johnson Issues Massive Product Recall

Posted on May 02, 2010
The good news is that a division of Johnson and Johnson  appears to be acting promptly to solve a problem.  The bad news is that the consumers who use the 43 recalled products for children and infants are going to be wondering if their children have suffered any harm from them...

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