Personal Injury Law

Tennessee's Leading Tort Cases - Assault and Battery - Defense - Defense of Property

Posted on April 30, 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. § 6.4       Defense – Defense of Property The Case:  Poliak v...

Wrongful Death Claims in Tennessee

Posted on April 29, 2010
When a person dies as a result of someone else's negligence, Tennessee law permits only certain people to assert a claim to recover damages for the death. This article does not discuss who receives the damages awarded by settlement or judgment of the case, but only who has the right to file suit...

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

Posted on April 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 1, 2010.  To order the book go here. § 6.3       Defense – Consent The Case: Kline by Kline v...

Detecting Non-Answers During Cross-Examination

Posted on April 27, 2010
Elliott Wilcox shares another great post from his Winning Trial Advocacy Tips blog.  I know I rant and rave about how wonderful this blog is and I fear I may be accused of a man-crush on Elliott, a gentleman I have never spoken with, much less met...

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FHWA Adopts the 2009 Manual on Uniform Traffic Control Devices

Posted on April 26, 2010
The Federal Highway Administration has ruled that the 2009 Edition of the Manual on Uniform Traffic Control Devices must be adopted by the states as their legal standard for traffic control devices within two years.   Here is an excerpt of the Federal Register discussing the rule change...

Tennessee's Leading Tort Cases - Assault and Battery - Battery Generally

Posted on April 23, 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. § 6.2       Battery – Generally The Case: Doe v...

Motorcycle Deaths Decline

Posted on April 22, 2010
The Governors Highway Safety Administration has released a preliminary report indicating the motorcycle deaths have decreased on our nation's highways.  If the final numbers are substantially similar, deaths will have dropped for the first time in over a decade...

Tennessee's Leading Tort Cases - Assault and Battery - Assault Generally

Posted on April 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 1, 2010.  To order the book go here. § 6.1       Assault – Generally The Case: Johnson v...

"Hospital, We Have a Problem"

Posted on April 20, 2010
ABA Journal.com  reports that  "in 1996, a Delaware hospital conducted an internal investigation of a pediatrician accused of inappropriate conduct with young patients and concluded he had done nothing wrong. Hence, administrators reportedly never informed the state's medical disciplinary board or law enforcement authorities of the allegations...

Tennessee's Leading Tort Cases - Animals - Harboring Wild Animals

Posted on April 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. § 5.2       Harboring Wild Animals The Case: Concklin v...

Tennessee's Leading Tort Cases - Animals - Generally

Posted on April 14, 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. § 5.1       Generally The Case: Stinson v...

A Fix to The Problem of Dealing With Medicare

Posted on April 13, 2010
Dealing with Medicare on subrogation issues can be a nightmare.  This bill, HR 4796, the Medicare Secondary Payor Enhancement Act, would help make things easier by requiring the Center for Medicare Services to respond to requests for their lien amount within 60 days.

"A Remedy for Troubled Doctors"

Posted on April 13, 2010
Today's Wall Street Journal has a fascinating article about a California program that helps determine if physicians who have been disciplined can start practicing again.  The goal of PACE (Physician Assessment and Clinical Education Program) is " to evaluate the competence of troubled doctors whose infractions range from serious medical error and negligence to sloppy record keeping and anger management...

Is Your Client on Facebook?

Posted on April 12, 2010
Stark & Stark's Pennsylvania Law Monitor has a nice post about the impact of Facebook on personal injury litigation.   An excerpt: The Internet and social networking sites have changed the face of litigation in this country. However, there are some precautions that you can take to protect yourself, short of boycotting the Internet all together...

Tennessee's Leading Tort Cases - Animal Control Officer's Rule - Generally

Posted on April 09, 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. § 4.1       Generally The Case: Jamison v...

Tennessee's Leading Tort Cases - Amusement Parks - Liability for Punitive Damages

Posted on April 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. § 3.2       Liability for Punitive Damages The Case: Loope v...

Death of Dan Pollitt

Posted on April 06, 2010
Dan Pollitt, a law professor at the University of North Carolina School of Law, has died at the age of 88. Professor Pollitt was my Constitutional Law professor and, as explained in this obituary, he spent "a lifetime of defending civil rights, civil liberties, and fighting injustices in local, state and national arenas...

Corporate Fines and Justice

Posted on April 06, 2010
The  National Highway Traffic Safety Administration (NHTSA) is seeking the maximum civil penalty of $16.375 million against Toyota Motor Corporation for failing to notify the auto safety agency of the dangerous 'sticky pedal' defect for at least four months, despite knowing of the potential risk to consumers...

"It's About the Jury, Stupid"

Posted on April 05, 2010
Those of you over 30 will remember James Carville's message to the Clinton campaign in 1992:  "It's about the economy, stupid."   Well, trying cases is about persuading jurors to your client's point of view. Sure, you must prove-each-element-of-your-cause-of-action-by-a-preponderance-of-the-evidence, but you must do so in a way that keeps the jury engaged, that motivates them to act favorably to your client...

Tennessee's Leading Tort Cases - Amusement Parks - Liability of Operator

Posted on April 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.  The book will be available about May 1, 2010.  To order the book go here. Amusement Parks  § 3...

Tennessee's Leading Tort Cases - Abuse of Process - Generally

Posted on March 31, 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. Abuse of Process The Case: Givens v...

Litigating Medical Negligence and Injured Infant Cases

Posted on March 30, 2010
AAJ's upcoming seminar Litigating Medical Negligence and Injured Infant Cases, April 9–10 at Caesars Palace in Las Vegas, will provide the newest strategies and techniques on how to get justice for those who need it the most.  To register and learn more, visit www...

Luvera on David Ball's Book

Posted on March 29, 2010
Paul Luvera does a nice job in this post  hitting the high points of David Ball's book Ball on Damages.   An excerpt:  [W]e must shed our law school training about advocacy and learn to present cases consistent with the way that people really make decisions...

Growing on the Vine: Maximizing Profitability in Changing Times

Posted on March 29, 2010
AAJ's upcoming seminar Growing on the Vine:  Maximizing Profitability in Changing Times (cosponsored by AAJ's Sole Practitioner and Small Firm Section) is about the business of running a successful law practice. The program is taking place April 9–10 at Caesars Place in Las Vegas...

Products Liability Judgment Against Ford Reversed

Posted on March 28, 2010
The South Carolina Supreme Court has reversed a judgment for the plaintiffs in a case against Ford Motor Company.  The plaintiffs claimed that the Ford Explorer in which they were riding had a defective cruise control and defective seat belts. The court ruled that the trial judge should have excluded Bill Williams as an expert on cruise control diagnosis...

Handling Bar Complaints

Posted on March 26, 2010
Brian Tannebaum is a Florida lawyer who handles bar grievance cases and shares information on the subject in his blog, My Law License.   He has been kind enough to share an e-book with us called  "I Got A Bar Complaint" that is both informative and entertaining...

"Tennessee Jury Verdict Reporter" Statistics - Part 4

Posted on March 25, 2010
As I mentioned in three previous posts,  Shannon Ragland of the Tennessee Jury Verdict Reporter has graciously agreed to permit me to share some of the information he has gathered concerning jury trials in Tennessee. This multi-part series will discuss some of the data contained in Shannon's 359-page 2009 report...

Medical Helicopter Crash Near Brownsville, TN

Posted on March 25, 2010
Various television stations are reporting that a medical helicopter crashed outside of Brownsville, Tennessee.  The NTSB has sent a team to the scene. Apparently, the company operating the helicopter was Memphis Medical Center Air Ambulance Service, Inc...

Day on Torts: Leading Cases in Tennessee Tort Law

Posted on March 24, 2010
I am pleased (no, overjoyed) to report that the new edition of my tort book has gone to the printer. The book is now in its third edition, with a title change to more accurately reflect what the book contains.   Day on Torts:  Leading Cases in Tennessee Tort Law  contains  79 chapters and 345 sections highlighting the most prominent tort case on 345 different subjects...

"Tennessee Jury Verdict Reporter" Statistics - Part 3

Posted on March 23, 2010
As I mentioned in two previous posts,  Shannon Ragland of the Tennessee Jury Verdict Reporter has graciously agreed to permit me to share some of the information he has gathered concerning jury trials in Tennessee. This multi-part series will discuss some of the data contained in Shannon's 359-page report...

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